Section 144 of the Penal Code of Bangladesh deals with the offense of unlawful assembly, which is likely to cause a disturbance of public peace. 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 under Section 144 involves the assembly of five or more persons in a public place, or near a public place, with the common intention to disturb public peace or tranquility, or to engage in rioting, or to commit any offense.
Punishment: The punishment for this offense is imprisonment for up to two years, 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.
Offense Ingredients: To establish the offense under Section 144 of the Penal Code, the prosecution must prove the following:
- The accused were five or more in number.
- The accused assembled in a public place, or near a public place.
- The accused had a common intention to disturb public peace or tranquility, or to engage in rioting, or to commit any offense.
- The assembly was likely to cause a disturbance of public peace.
It is important to note that the offense under Section 144 is a serious offense, and the punishment for it is severe. Therefore, if you are facing charges under this section, seeking legal advice and representation as soon as possible is essential. Additionally, it is important to note that if the assembly causes death, grievous hurt, or damage to property, the offense may be charged under a more serious offense such as rioting.