Tuesday, 31 May 2022

Offence against Public Tranquility

 Offence against Public Tranquility

Peace and tranquillity are the prerequisites for development in society. If there is disorderliness in society or any other hindrance of like nature, the society cannot provide to the individual, the opportunity to grow and develop to their full potential, hence the maintenance of peace and tranquillity is a must for every society and nation as a whole.

Offences against the public tranquillity are the offences against not only a single person or property but against the society at large. These kinds of offences are committed by the group of people sharing a common intention to disturb the peace and tranquillity of an area thus affecting the whole society. It is important to study these offences so that they could be curbed.

Peace and morality are the foundations on which a society is built, hence their maintenance is critical; otherwise, the community's entire structure would be jeopardised, impeding individual advancement.

It is the state's responsibility to keep the peace and order in the country. It is also mentioned in Section 23 of the Police Act of 1861, which states that it is necessary to preserve order on public highways and in public places. In reality, causing discomfort, obstruction, irritation, danger, or harm to the public order or peace is illegal, and Section 34 of the Police Act of 1861 deems the police accountable for protecting public tranquilly and punishing anybody who violates it. As a result, public order entails that the actions of the individual should not impinge the public peace or cause any kind of inconvenience to any other person.

Under IPC chapter eight deals with public offences. These offences could be categorized into four:

Unlawful assembly;


Enmity amongst different classes;


Furthermore, Chapter X of the Criminal Procedure Code 1973 gives legal guidelines for the maintenance of public peace and order and also delineates duties, responsibilities, functions, and power of the Executive and the Police in this matter.

Section 141 of the IPC, 1860 deals with the unlawful assembly. Article 19(1)(B) of the Indian Constitution,1950 confers a fundamental right to assemble peacefully however this section seeks to criminalize an unlawful assembly.

Public order is not simply another issue in the country's government; it is the heart of it, including one of the most fundamental parts of democracy and the foundation of our nation as a whole.

Offenses against public peace are dealt with under Chapter 8 of the Indian Penal Code. These are offences that are committed against the entire society and disrupt the society's peace and tranquilly. A public offence is one that is committed against an individual but nevertheless has the potential to disrupt public order. Furthermore, it is not essential that an actual crime be committed; even if there is a risk of producing public disorder, it is a penal offence.

These offences are categorised into four, i.e. Unlawful assembly, rioting, affray and enmity amongst different classes. All of them are to a certain extent similar to each other with minor differences.

However, some reforms are needed to make these provisions in accordance with the changing times.

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