December 15, 2023
symbolizing justice and order

Development in society requires a state of peace and calm. Any society or nation must maintain peace and tranquility because, without it, individuals never have the chance to reach their full potential. This is especially true when there is chaos or other similar obstacles present.

Offences against public tranquility are those that affect not just one individual or piece of property, but also the entire community. These offenses are carried out by groups of people who have the same goal of upsetting the peace and quiet in a community, which has an impact on society as a whole. In order to reduce these offenses, it is crucial to research them.

which is not an Offences against public tranquility?

Any action taken in support of defending one’s own or another person’s property is not illegal. In actuality, such an act would be exempt from punishment and would not fall under the “protection of the right or supposed.” Section 144 and Section 149 of the IPC, 1860 do not apply to this.

Offences against public tranquility examples

  • In legal terms, crimes that are done in public and have the possibility to incite fear or unrest among the public are referred to as offenses against public calm. Such offenses include affray, unlawful assembly, rioting, etc.

Offences against public tranquility section: IPC

These are the lists of Offences against public tranquility in ipc:

Section 141 IPC: Unlawful Assembly

The act of five or more people coming together with the intention of committing a crime is known as unlawful assembly. Unlawful assembly is defined as a crime in Section 141 of the IPC.

Section 146 IPC: Rioting

  • When three or more people come together with the intention of inflicting violence or property destruction, it is considered a riot. Rioting is defined as an infraction under Section 146 of the Indian Penal Code.

Section 153A IPC: Fostering Enmity Among Different Groups

  • When someone intentionally sows discord, animosity, hatred, or malice between various religious, racial, linguistic, as well as regional groups, it is considered hate speech and is illegal. Promoting animosity is prohibited by Section 153A of the IPC.

Section 159 IPC: Affray

  • A public brawl involving two or more people that disrupts the peace is known as an affray. Affray is classified as a crime under Section 159 of the IPC. It requires the existence of two or more people and their actions to have a detrimental effect on the peace of their surroundings. Most significantly, though, their actions should cause chaos for both the populace and society as a whole.

Section 295A IPC: Outraging of Religious Feelings

  • It is illegal to intentionally offend or seek to offend the religious convictions or sentiments of any group of people, including religious minorities. Section 295A of the IPC describes outraging religious sensibilities as a crime.

Offences against public tranquility: Punishments

Section 143 IPC: Punishment for Unlawful Assembly

  • Being a part of an illegal assembly is punishable under Section 143 of the IPC. According to the clause, membership in an unauthorized assembly carries a penalty that can include both a fine and imprisonment of any kind for up to six months.

Section 147 IPC: Punishment for Rioting

  • Section 147 of IPC defines the penalty for the offense of rioting. A fine, a two-year prison sentence, or both could be imposed as punishment.

Section 153A IPC: Fostering Enmity Among Different Groups

  • According to this section, anyone who incites animosity between various groups faces a maximum three-year prison sentence, a fine, or both.

Section 159 IPC: Affray

  • According to this section, anyone caught engaging in affray faces a maximum one-month jail sentence, a fine, or both.

Section 295A IPC: Outraging of Religious Feelings

  • According to this section, anyone who offends religious sentiments faces a maximum three-year prison sentence, a fine, or both.

Offences against public tranquility case laws

  • In the case of Ram Bilas Singh v State of Bihar, the SC ruled that convictions should occur in some circumstances, even when there are less than five people present during an unlawful assembly.
  • In Sunil Kumar Mohamed v State of Orissa case, it was observed that an offense should be classified as affray even if it is not done in public; rather, any offense with the potential to produce disturbances qualifies. This could result in a fine of up to one month’s imprisonment, or both.
  • In the case of Gopal Vinayak Godse v UOI, the Supreme Court ruled that certain behaviours do not always result in animosity or hostility between social strata. However, the issue, which falls under Section 153A of the IPC, implies, in part or in full, that it is sufficient.

The Indian Penal Code takes very seriously offenses against public tranquility. The aforementioned laws are designed to deter and penalize actions that disrupt the orderly flow of public life. Anyone caught doing such things faces fines, jail time, or both. As a result, it’s critical that the public is aware of these regulations and abstains from any actions that could disrupt the peace.

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