It is important to prove that the person who is being sought to be held guilty under this section knew that the assembly had been ordered to disperse in accordance with the law. Where a public meeting was held to discuss the arrests to some employees of the railway who were on strike, and two of the strikers incited the police personnel to revolt against the government while the other speakers merely wished the public to support the strikers, it was held that since the other speakers had no common object to incite the police, the assembly was not unlawful, and consequently, if the persons present there did not obey the command of the police officers to disperse, they could not be held guilty under section 145 of the Code.
Sections 145 and 151 of the Indian Penal Code are inter-related as the underlying principles in both are similar. At the same time, it is also necessary to keep in mind the provisions under section 188 of the Code which provides penalty for disobeying a duly promulgated order of a public servant. Section 129 (1) of the Code of Criminal Procedure, 1973 regarding dispersal of an unlawful assembly by use of civil force is also relevant for a correct understanding of the law.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate.