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SECTION 149 IPC - Indian Penal Code - Every member of unlawful assembly guilty of offence committed in prosecution of common object
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
IPC Section 149 holds individuals accountable for offences committed by a group. Understand collective responsibility and individual intent with expert insights on LawRato.
SECTION 149 IPC - Indian Penal Code - Every member of unlawful assembly guilty of offence committed in prosecution of common object
According to IPC Section 149, if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
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IPC 149 in Simple Words
For the sake of simplicity, let’s say multiple individuals are involved in an offence. In such cases, it might be difficult to determine how each individual contributed to the offence, and that is when IPC Section 149 can be brought into play. The section states that if a group of people is part of an illegal assembly with a shared purpose, each member can be held responsible for the offence committed by the group. However, individuals are only considered guilty under this provision if they actively participated in the offence, knowing that it was likely to occur.
For example, A, B, C, D and E decided to rob a bank together, and they carried a gun with them, intending to kill the watchman. In such a case, even if E was only involved in the planning of the crime and did not actively fire the bullet, he would be held accountable as if he shot the watchman.
Recent Supreme Court Decision Related to IPC Section 149
In a recent case, the Supreme Court held in the case of Parshuram v State of Madhya Pradesh that for Section 149 IPC, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission. It held that membership in the lawful assembly is enough for conviction under Section 149 of the Indian Penal Code.
If you have any queries regarding Section 149 IPC, LawRato can help you find a criminal lawyer. You can even ask a free legal query through LawRato, which will be answered by experts in the field.
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence | Same As Offence | Same As Offence | Same As Offence | Same As Offence |
Offence : If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence
Punishment : Same As Offence
Cognizance : Same As Offence
Bail : Same As Offence
Triable : Same As Offence
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Frequently Asked Questions
What is Section 149 IPC writing law?
The Indian Penal Code, Section 149, states that, if a crime is committed by a member of an unlawful committee, in pursuit of the common purpose of that assembly or if members knew that the crime was likely to be committed, they are all liable.
What is Section 149 of the CrPC?
The section 149 of CrPC stresses the proactive role played by the police in preventing crime. Every police officer is given the authority to act in order to prevent cognizable crimes. Cognizable offenses are those that a police officer may arrest for without a warrant.
What is the essence of joint liability under section 149 of the IPC?
Assertion: The essence of joint responsibility under section 149 IPC is the fact that the criminal act was done in order to achieve the common purpose of an illegal assembly. The reason is that any sudden and provocative action done by a person in an unlawful assembly will make the other members liable.
