Being hired to take part in an unlawful assembly or riot (Section 307 of IPC)

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.

Section 158 of the Code is intended to punish those persons who hire themselves out as members of an unlawful assembly or assist any such members. It is divided into two parts. Higher penalty is awarded where the accused is armed with a deadly weapon.

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An offence under Section 158 is cognizable, but summons should issue in the first instance, unless the offence falls under the second clause in which case a warrant should so issue. But it is in either case bailable though non-compoundable. It may be tried by any Magistrate, and is triable summarily.


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