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INDIAN KANOON SECTION 158 IPC - Indian Penal Code - Being hired to take part in an unlawful assembly or riot


Description

Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Or to go armed ? and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.


Applicable Offences

1. Being hired to take part in an unlawful assembly or riot

Punishment - 6 Months or Fine or Both
This is a Bailable, Cognizable offence and triable by Any Magistrate

2. Or to go armed

Punishment - 2 Years or Fine or Both
This is a Bailable, Cognizable offence and triable by Any Magistrate

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


Click here to read more from the Indian Penal Code (IPC), 1860.


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