This article has been written by Ms. Nandhini Sasikumar, a 3^rd year of BA LLB Student from The Central Law College, Salem.

INTRODUCTION:

     The article deals about the offences that are against the public tranquility. Statistical data about the offences against public order in different years are discussed systematically. These offences are injurious to the public peace. So a research article is made to study about the public tranquility. It is the fundamental duty of the state to maintain the public order. The definition of public order is given in Section 32 of the Police Act, 1861 and requires that order will be maintained in public roads and etc. The maintenance of public order is a primary duty of the state. The laws in India provide a comprehensive framework for the management of order in public spaces. Any disturbance of the public by the use of force or violence and regional group section lead to the public tranquility.

     For the development of a society, there must be peace in the society. Hence the framers of the Code incorporated these provisions stating and defining the offences which are against the public tranquility.  This article attempts to study about the offences that are relating to pubic tranquility and the punishments given for the people indulging in activities that are affecting the public peace and order. The main objectives of the pubic tranquility are to study about the offences against public tranquility; to analyses the punishments given for offences relating to public tranquility.

MAIN CONTENT:

PEACE AND MORALITY:

      Peace and morality are the bases for the formation of the society. When something happens and that affects the peace and morality in the society then it is considered to be the offence. Such offences are punishable under Indian Penal Code (IPC). These factors are unlawful assembly, rioting, affray and etc. Indian constitution provides the legal framework to maintain the public order in the society. Disturbed conditions spoil the progress of the society. The public disorder and disturb conditions reduce the economic progress of the country. The public order is frequently being threatened for many things.

WAGING WAR AGAINST STATE:

     The Section 121 of IPC deals with the three aspects such as the abetment, attempt and the actual war. All the three aspects are punishable offence according to the IPC waging war in the highest offence against the state. Waging war against the state and committing the riot often nearly into each other. The Section 121A deals with the conspiracy to wage a war and the offence is punishable under the Section 121A. To speak broadly all the offences which are against the state disturbs the public peace. Creating enmity between different groups also comes under waging war against the state as it affects the public tranquility and national integration. Section 121, 121A, 122, 123, 124A of IPC deals with the waging war against the state. Many persons are arrested under Section 121A of IPC for waging war against the state.

OFFENCES AGAINST PUBLIC TRANQUILITY:

     The Chapter 8 of the Indian Penal Code contains the provisions that are relating to the offences against the public tranquility or public order and it is not the offence against the person and property of an individual, it is the offence against the state. The offences specified, in this Chapter are called as Group Offences which are generally committed by a large number of people that results in disturbing the peace of the people. The offences may be classified as unlawful assembly, rioting, promoting enmity and affect. Chapter X of the Code of Criminal Procedure gives the legal provisions for maintenance of public order and tranquility and lays down the duties, powers and functions of the Executive Magistracy and the Police in this behalf.

• SECTION 141 UNLAWFUL ASSEMBLIES:

     An assembly which consists of five or more person is defined as unlawful assembly. If a person commits a criminal trespass or compel any person to do what he is not legally bound to do, or to omit what he is legally entitled to do. To use or to show criminal force against the public servant, state or central government; To resist the execution of law or legal process; To commit any mischief or criminal trespass on any person; To use the criminal force and deprive the enjoyment of right of any person or obtain the possession of other person; To use the criminal force and compel a person to do what he is not legally bound to do.

     The Sections which deals with unlawful assemblies are as follows,

1. Unlawful Assembly- Definition- Section 141
2. Being a member of an unlawful assembly- Section 142
3. Punishment- Section 143
4. Joining or continuing in an unlawful assembly armed with dead weapons- Section 144
5. Joining or continuing in an unlawful assembly, knowing it has been commanded to disperse- Section 145
6. Liability for constructive criminality- Section 149
7. Rendering aid in various ways- Section 150, 152, 154, 157, 158

     The Section also specifies the various instances where an unlawful assembly may be assembled, 1. Overawing the Central or State Governments or its officers; 2. Resistances to the execution of legal process; 3. Commission of Mischief; 4. Forcible possession; 5. Illegal compulsion.

1. INGREDIENTS OF SECTION 141:

     In unlawful assembly, there must be more than 5 members and the common intention of unlawful assembly must be unlawful method. There should be some criminal trespass or other offence. By using a criminal force to compel any person to do any illegal act. There must be some criminal force against State or Central Government or any public servant. The common objective of such assembles must be unlawful. There must be a commission of criminal trespass or other offence. There must be a usage of criminal force and compel a person to do an illegal act.

2. BEING A MEMBER OF UNLAWFUL ASSEMBLY:

     Section 142 deals with being a member of unlawful assembly. Whoever render of the fact that it is an unlawful assembly and intentionally joins in that, or continues in it is said to be a member of unlawful assembly. The mere presence of a person in that assembly does not constitute such person as a member of unlawful assembly. Every member of unlawful assembly must have a common object and should intentionally join that assembly is said to be a member of unlawful assembly. When an unlawful assembly proceeds with a common object as mentioned in Section 141 but a person withdraws from that assembly then it clearly shows that he or she is not a member of unlawful assembly. When a member of unlawful assembly has common object but could not proceed due to the physical weakness or any other injury then such person is said to constitute a member of unlawful assembly. In STATE OF MAHARASHTRA V. JOSEPH MINGEL KOLI, Every member of the unlawful assembly is vicariously liable for the offences committed by the member in an unlawful assembly by the prosecution of the common object.

     Legal provision in regards to the maintenance of public order in Criminal Procedure Code, the maintenance of the public order and ensuring the tranquility is the most primary objective of the Government. A peaceful environment of the citizens helps the country to grow, develop new heights. When the administration of a country fails to maintain the public order in the society then the society may be in the situation of fear.

3. COMMON INTENTION:

     Mere presence of a person in a place, where he members of the unlawful assembly has assembled does not incriminate him. The members of the unlawful assembly must possess a common object and intention and do any one of the act as mentioned in Section 141 of IPC. When an unlawful assembly exercises the right of private defense and at that time when the opposite party attacks them, the right to private defense cannot be considered as the common intention. But when five or more person kidnaps a women and keep her in wrongful confinement then such assembles is an unlawful assembly. Section 149 of IPC deals with this common object. As per this provision every member of unlawful assembly is punishable. The Exceptions is that am assemble less than five members cannot be called as the unlawful assembly. 

     The Punishments is under Section 143 imposes punishment on the person who is the member of the unlawful assembly. This section gives punishment which may extend up to six years or fine or both.

• RIOTING:

     Section 146 and 147 of IPC covers the act of rioting. While Section 146 covers the act of rioting, Section 147 covers the punishment of rioting. In MAIKU V. STATE PF UTTAR PRADESH, the sub inspector was investigation when he was in duty, he cannot be claimed that he was pursuing an unlawful act and therefore he cannot be convicted under Section 147 of IPC.

     Section 146- Rioting- Whenever forces or violence is used by an unlawful assembly, or by any member thereof, in prosecution of  the common object of such assembly, every member of each assembly is guilty of the offence of rioting. Section 147- Punishment of Rioting- Whoever is guilty of rioting shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Section 148- Punishment for rioting when committed with deadly weapons- The punishment for an offence under 148 is prescribed as Imprisonment for 3 years, or fine or both. It is a cognizable offence and it is Triable by any Magistrate of the first class. In ALLAUDDIN MIAN SHARIF MIAN V. STATE PF BIHAR, there is a relation between a common object and offence created, when the offence is committed with common objects then every person is liable for that. Unlawful assembly is equal to five or more Persons plus Common object. Rioting is equal to Unlawful Assembly plus Violence. Section 153B- Imputations, Assertions, Pre-judicial to National Integration- is punishable with Imprisonment for 3 years or fine or both.

1. EXPLANATION FOR RIOTING:

     A riot is a form of civil disorder characterized often by disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are typically chaotic and exhibit herd behavior, and usually generated by civil unrest. Riots often occur in reaction to a perceived grievance or not of dissent. Historically, riots have occurred due to poor working or living conditions, government, oppression, taxation or conscription, conflicts between races, food supply or the outcome of a sporting event or frustration with legal channels through which to air grievances. The punishment for an offence under 148 is prescribed as imprisonment for 3 years, or fine or both. It is cognizable offence and it is Triable by any Magistrate of the first class. Example- Muslims were purchasing Cow’s for slaughtering them. Hindus snatched Cows and pushed away the Muslims. Hindus were 10 in number. Forming a group for snatching away is an Unlawful Assembly. Going to Muslim place and snatching away is Rioting.

2. PROMOTING ENORMITY BETWEEN DIFFERENT GROUPS:

     Section 153A- Promoting enmity between different groups on grounds of Religion, Race, Place of Birth, Residents, Language etc., and doing acts prejudicial to the maintenance of harmony- punishable with imprisonment for three years or fine or both. 

     Whoever, by words, either spoken or written, or by sign or by unmistakable portrayals or something else, elevates or endeavors to advance, on grounds of religion, race, place of birth, habitation, language, caste or community or some other ground at all, disharmony or sentiments of animosity, contempt or malevolence between various religious, racial, language or territorial gatherings or castes or groups, or commits any demonstration which is biased to the support of concordance between various religious, racial, language or local gatherings or castes or groups, and which bothers or is probably going to exasperate the public tranquility, or sorts out any activity, development, penetrate or other comparative movement expecting that the members in such action might utilize or be prepared to utilize criminal force or violence or knowing it to be likely that the members in such action will utilize or be prepared to utilize criminal force or violence, or takes an interest in such action planning to utilize or be prepared to utilize criminal force or violence or knowing it to be likely that the members in such action will utilize or be prepared to utilize criminal force or violence, against any religious, racial, language or territorial gathering or caste or community and such action for any reasons at all causes or is probably going to cause dread or alert or a sentiment instability among individuals from such religious, racial, language or provincial gathering or caste or community, shall be punished with imprisonment which may extend up to three years, with fine or with both.

• AFFRAY:

     Section 159 and 160 of Indian Penal Code deals with the offences that are against affray. Affray is an offence by which two or more persons fight in the public place so that it affects the public order and peace. Depending upon the actions done those engaged in Affray may be liable to unlawful assembly, riot and other offences. The seriousness of the effect lies in the effect that the behavior of the accused person may put the members of the public in fear. Beyond the mere use of words, there must be some threatening against a person or persons. Section 160 deals with the punishment for Affray. The punishment may extend to one month or fine which may extend to 100 or both. To constitute this offence there must be: The fighting must be between two or more persons, the fighting must take place in some public place, it must cause some sort of terror among the people. In SUNIL KUMAR MOHAMED ALIAS MAHAKHUDA V. STATE OF ORISSA, When one person beats on another person in a public place, no offence of affray is committed, when there is fighting in the public disturbing the public peace.

1. INGREDIENTS FOR AFFRAY TO BE COMMITTED:

1. There must be two or more persons.
2. A fighting in a public place
3. By what fighting they should disturb the public peace

     Affray- When two or more persons, by fighting in a public place, disturb the public peace, they are said to Commit an affray. Section 160- Punishment for Affray. Imprisonment up to one month or up to Rupees. 100/- or both.

2. MAINTENANCE OF PUBLIC ORDER:

     It is the fundamental duty of the state to maintain public order and peace. It is given in the Police Act. Section 31 of the Police Act of 1861 states that an order should be maintained in the public roads and public places.  Section 34 which make it an offences for any person to cause obstruction, inconvenience, annoyance, risk, danger or damage and Section 23, which makes it incumbent upon the police to maintain the public peace and prevent the commission of offence and of public nuisance, it is clear that public order really means that the actions of a group of individuals should not impinge on the rights and convenience of any other group. An assembly of persons who use criminal force in order to cause a public servant to desist from his duty, resist the execution of any law or legal process, commit mischief or criminal trespass, deprive any other person of his property, enjoyment of a right of way or peaceful enjoyment of rights by use of criminal force, or use criminal force to compel a person to do an illegal act automatically becomes an unlawful assembly under Section 141 of IPC if it consists of five or more persons.

CONCLUSION:

     The Indian Penal Code punishes the offences against the public tranquility. The public tranquility is the criminal offences and it is injurious to the police peace for the development of the society. The study has the statistical data about the offences against the public order is different years and discussed systematically. These offences are injurious to public peace. Disturbing peace in the society creates inconvenience in the society. Tranquility is the group offences committed by the group of people in the society. As per the provision when a large number of people are affected then destroys the public peace which may turn into the offence against the public tranquility. These offences are punished by the IPC strictly and imprisonment is given with fine. Thus the offences relating to public tranquility are strictly punished by IPC. These offences affect the public peace and leads to disorder in the society. Thus by the alternative hypothesis the India Penal Code strictly punishes the offences against public tranquility.

REFERENCES:

1. Vaibhav Goel, Offences against public tranquility, 1968.
2. Landscape Institute of technical information note, 2017.
3. Pooja Sood, Constitutional challenges to IPC provisions: A judicial Approach, 2007.
4. Praveen Kumar Chaudhary, Communal crimes and national inter brat ion, 2011
5. Snippet, Annual statistical abstract for Tamilnadu, 2003.
6. K.M.Handoyo, Public involvement for management of public tranquility and order, 2014.
7. The law commission, Maintenance of public order.
8. Unlawful assembly and legal provisions to Curial it, 2018- Plagiarism Report.

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