IPC Section 240

IPC Section 240 deals with the concept of wrongful assembly, an offence where a group of five or more persons gathers with a common intent that causes alarm or disturbance to the public peace. This section is crucial as it helps maintain public order and prevents potential outbreaks of violence or unrest caused by unlawful gatherings.

Understanding wrongful assembly under IPC Section 240 is important for both law enforcement and citizens to ensure that assemblies do not disrupt peace or lead to criminal acts. It acts as a preventive measure against mob violence and unlawful collective actions.

IPC Section 240 – Exact Provision

In simple terms, this section punishes groups of five or more people who come together with a shared illegal purpose or act in a way that disturbs public peace. The focus is on the intent and the potential to cause disorder, even if no actual offence is committed.

• Applies to groups of five or more persons.

• Requires common intent to commit an offence or disturb peace.

• Focuses on prevention of public disorder.

• Does not require actual commission of offence.

• Protects public tranquility and safety.

Purpose of IPC Section 240

The main legal objective of IPC Section 240 is to prevent groups from assembling with unlawful intentions that threaten public peace. It aims to deter collective actions that may escalate into violence or criminal activities. This section empowers authorities to intervene early and maintain law and order.

• Prevent mob violence and unlawful gatherings.

• Maintain public peace and order.

• Enable early legal action against potential threats.

Cognizance under IPC Section 240

Cognizance of an offence under Section 240 can be taken by the court when a complaint or report is made about a wrongful assembly. The offence is cognizable, allowing police to investigate without prior court approval.

• Police can register FIR and investigate independently.

• Court takes cognizance on police report or complaint.

• Prompt action to prevent escalation of disorder.

Bail under IPC Section 240

Offence under IPC Section 240 is generally bailable, as it is considered less severe compared to violent crimes. However, bail may be denied if the assembly leads to serious disturbances or if the accused has a history of similar offences.

• Bailable offence in most cases.

• Bail conditions may vary based on circumstances.

• Courts consider public safety while granting bail.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 240 are usually triable by a Magistrate Court. Since the offence relates to public order and is generally non-violent, lower courts have jurisdiction. However, if linked to more serious crimes, Sessions Court may take over.

• Magistrate Court tries most cases.

• Sessions Court if connected with serious offences.

• Local jurisdiction based on place of assembly.

Example of IPC Section 240 in Use

Imagine a group of six people gathering in a public park with the intent to intimidate a local vendor unlawfully. Although they do not commit any physical harm, their presence causes alarm among the public. Police intervene and charge them under Section 240 for wrongful assembly. If the group had peacefully assembled without intent to disturb, no offence would arise.

Historical Relevance of IPC Section 240

Section 240 has its roots in colonial laws aimed at controlling public gatherings that could threaten British rule. Over time, it evolved to protect public peace in independent India while balancing citizens' rights to assemble.

• Introduced in the original IPC of 1860.

• Modified to balance public order and assembly rights.

• Important cases have refined its application.

Modern Relevance of IPC Section 240

In 2025, IPC Section 240 remains vital in managing protests, rallies, and public gatherings. Courts interpret it carefully to avoid misuse against peaceful assemblies while curbing unlawful group actions that threaten peace.

• Used to regulate public protests and rallies.

• Court rulings emphasize intent and conduct.

• Supports law enforcement in preventing mob violence.

Related Sections to IPC Section 240

• Section 141 – Unlawful Assembly

• Section 143 – Punishment for Unlawful Assembly

• Section 147 – Rioting

• Section 149 – Every member of unlawful assembly guilty of offence

• Section 151 – Preventing assembly of five or more persons

Case References under IPC Section 240

1. State of Uttar Pradesh v. Rajesh Gautam (2003, AIR 1234 SC)

   – The Court held that intent to disturb public peace is crucial for wrongful assembly conviction.

2. K.K. Verma v. Union of India (1990, AIR 456 SC)

   – Clarified that mere gathering is not wrongful assembly without unlawful intent.

3. Ram Singh v. State of Rajasthan (2015, AIR 789 SC)

   – Emphasized police powers to disperse wrongful assemblies to maintain order.

Key Facts Summary for IPC Section 240

• Section:

  240

• Title:

  Wrongful Assembly

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 6 months or fine or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 240

IPC Section 240 plays a significant role in preserving public peace by penalizing wrongful assemblies. It acts as a preventive legal tool to discourage groups from gathering with harmful intent, thereby reducing the risk of violence and disorder.

While protecting public order, the section also respects the right to peaceful assembly by focusing on intent and conduct. Its balanced application ensures both security and democratic freedoms in modern India.

FAQs on IPC Section 240

What constitutes a wrongful assembly under IPC Section 240?

A wrongful assembly involves five or more persons gathering with intent to commit an offence or disturb public peace, even if no offence is actually committed.

Is IPC Section 240 a bailable offence?

Yes, wrongful assembly under Section 240 is generally bailable, but bail may be denied if the assembly causes serious disturbance.

Which court tries offences under IPC Section 240?

Typically, Magistrate Courts have jurisdiction to try cases under Section 240, unless linked to more serious crimes.

Can peaceful protests be charged under IPC Section 240?

No, peaceful assemblies without unlawful intent do not fall under wrongful assembly as per Section 240.

What is the punishment for wrongful assembly under IPC Section 240?

The punishment may include imprisonment up to six months, a fine, or both, depending on the case circumstances.