1. Public Violence

ii. There is a second class of offences, Jameson goes on to say, of an inferior degree of criminality and less dangerous in their usual results which is left unprovided for. This includes tumultuous and unlawful assemblies which are only prohibited in the proposed Code, when they meet for the commission of some crime and with more than three persons regularly armed. But an assembly may be unlawful the express object of which is to affect not a criminal but a praiseworthy object, as the redress of some public grievance. The illegality consists in the circumstance of a number of persons assembling with such appearance of power and actual violence, or a plain tendency thereto, as leads to a well-founded apprehension of the consequences and a breach of the public peace.

So, Jameson proposed nine additional articles with a view to supplying these material omissions, and all his suggestions were, with slight variations, accepted and eventually incorporated in the Code of 1854 (Sections 72 to 82).

Let us now proceed to examine the various crimes comprised in the Title in some detail.

Violence when unjust is always inherently unlawful. Unjust violence may be private or public. The first represents an aggression against the person or the liberty of one or more determinate individuals; the second injures or threatens the liberty or security of an indeterminate number of persons either in themselves or in the authority which presides over their well-being.

Private violence constitutes in itself those offences belonging to the class of offences against the person or the liberty of individuals variously classified in the Codes of Positive Law; or it may constitute an ingredient (e.g., Sections 90, 95, 212) or an aggravation (e.g., Section 217 (l)(a)) of certain other offences.

Public violence is considered as a special crime against public tranquillity: it constitutes an offence in itself (Section 66) and it aggravates all other offences which it accompanies (Section 63).

According to Section 63 "an offence is said to be accompanied with public violence when it is committed by a number of not less than three individuals assembled together