Wednesday, March 12, 2025

Section 149 - Every member of unlawful assembly guilty of offence committed in prosecution of common object

 Section 149 - Every member of unlawful assembly guilty of offence committed in prosecution of common object

  • Description:

    • 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 1 to be so committed, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty  
  • Case Example (Illustrative):

    • Masalti vs. State of Uttar Pradesh: This Supreme Court case clarified the application of Section 149. It highlighted that for a conviction under this section, it is essential to establish the existence of an unlawful assembly with a common object, and that the offence committed was in furtherance of that object

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