Article 153-Tumulta and Other Disturbances of Public Order Flashcards
What are the crimes classified under public disorders?
- Tumults and other disturbances of public order
- Unlawful use of means of publication and unlawful utterances
- Alarms and scandals
- Delivering prisoners from jails
What are tumults and other disturbances of public order?
- Causing any serious disturbance in a public place, office or establishment
- Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Art. 131 and 132
- Making any outcry tending to incite rebellion or sedition in any meeting, association or public place
- Displaying placards or emblems which provoke a disturbance of public order in such place
- Burying with pomp the body of a person who has been legally executed.
What is the basic characteristics of serious disturbance to be punishable under 153?
It must be (1) planned and (2) intended.
Distinguish 153 and 131, 132 in relation to disturbing a meeting or religious worship.
If the offender is a participant of such meeting, 153 applies; if he is not a pax of that meeting, 131 or 132 applies
Define “outcry”.
Outcry means to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition.
When does an outcry become a crime of inciting to rebellion or inciting to sedition?
It is necessary that the offender should have done the act with the idea aforethought of inducing his hearers or reader to commit the crime of sedition/rebellion.
When does an outcry become a simple public disorder?
If it is just an unconscious outburst which although rebellious or seditious, in not intentionally calculated to induce others to commit sediton/rebellion.
Define “tumultuos”
The disturbance or interruption shall be deemed to be tumultuous if caused by more than 3 persons who are armed or provided with means of violence.
