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IPC 1860REPEALED

Section 144

Joining unlawful assembly armed with deadly weapon

Replaced by: BNS 189

BailableCognizable: CognizableAny Magistrate
THE STATUTE

Original Text

Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Simplified

IPC Section 144 deals with the specific offence of being armed with a deadly weapon while part of an unlawful assembly. CRITICAL DISTINCTION: Section 144 IPC (the armed-member offence, 2 years) is completely different from Section 144 CrPC / BNSS Section 163 (the Magistrate's power to ban public gatherings). When the news says 'Section 144 imposed', they always mean the CrPC/BNSS provision, not this IPC offence. The IPC Section 144 applies when a specific member of an unlawful assembly is found carrying a deadly weapon — it escalates their individual liability above basic membership (6 months under Section 143) to 2 years.

Legal Evolution

The widespread media use of 'Section 144' exclusively referring to the CrPC prohibitory order creates one of the most common legal confusions in India. The IPC Section 144 armed-assembly offence is far less discussed publicly.

Landmark Precedents

Kunder v. State of Kerala (1965)

AIR 1965 Ker 105
RELEVANCE

Distinguished IPC Section 144 (armed assembly member) from CrPC Section 144 prohibitory order — entirely separate provisions with different legal consequences.

Practical Scenarios

"A member of a riotous mob carrying a machete — Section 144 IPC (armed member)."
"A violent protest where police exercise BNSS Section 163 to ban gatherings — entirely different from IPC 144."

Common Queries

There are TWO completely separate Section 144s: (1) IPC Section 144 — a criminal offence for being armed while part of an unlawful assembly. Punishment: up to 2 years. (2) CrPC Section 144 (now BNSS Section 163) — a Magistrate's power to ban public assemblies. When the news says 'Section 144 imposed', they always mean CrPC/BNSS.