Section 141 of the Penal Code of Bangladesh deals with the offense of unlawful assembly. The details, punishment, bailable or non-bailable status, cognizable or non-cognizable status, and offense ingredients for this section are as follows:
Offense Details: The offense of unlawful assembly involves the assembly of five or more persons with the common intention to commit an offense, or to carry out any purpose that is prohibited by law.
Punishment: The punishment for this offense is imprisonment for up to six months, or a fine, or both.
Bailable/Non-bailable: This is a bailable offense, meaning the accused can be released on bail by the police or the court.
Cognizable/Non-cognizable: This is a cognizable offense, meaning the police can arrest the accused without a warrant and start an investigation into the case.
Offence Ingredients: To establish the offense under Section 141 of the Penal Code, the prosecution must prove the following:
- The accused were five or more in number.
- The accused assembled together.
- The accused had a common intention to commit an offense or to carry out any purpose that is prohibited by law.
- The accused did some overt act in furtherance of their common intention.
It is important to note that an assembly that is peaceful and does not have a common intention to commit an offense or carry out any purpose that is prohibited by law is not considered an unlawful assembly. Additionally, if force or violence is used by any member of the assembly, the offense may be charged under a more serious offense, such as rioting. Therefore, if you are facing charges under this section, it is essential to seek legal advice and representation as soon as possible.