"Whoever is a member of an unlawful assembly, and continues to be a member of it after it has been commanded in the manner prescribed by law to disperse, is said to be guilty of the offence of rioting."
Therefore, for a person to be convicted under Section 147, the following elements must be present:
- The person must be a member of an unlawful assembly.
- The person must continue to be a member of the unlawful assembly after it has been commanded by a lawful authority to disperse.
- The person must have knowledge that the assembly has been commanded to disperse.
If all these elements are present, the person can be punished with imprisonment of either description for a term which may extend to one month, or with fine, or with both.