Section 149 Ipc

Every member of unlawful assembly guilty of offence commit ted in prosecution of common object 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. The calcutta high court on the other hand holds the view that offence under section 149 means a thing punishable under the indian penal code or under any special or local law if punishable under such law with imprisonment for a term of six months or upwards whether with or without fine a language used in clause 3 of section 40 but wherein it has been clearly stated that this meaning of the word offence is only in sections mentioned in that clause and which does not mention. It is not essential to prove that each and every one of them was engaged in the overt act in order to hold an individual vicariously responsible under ipc section 34 or section 149.

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Section 149 of the indian penal code 1860 says that every member who is part of an unlawful assembly is guilty of the offense committed in prosecution of the common object.

Section 149 ipc. It is not necessary for all members to actively participate in the crime. Section 149 of the indian penal code ipc which holds every member of an unlawful assembly guilty of an offence can be invoked even when no charges under section 141. Ipc section 149 every member of unlawful assembly guilty of offence committed in prosecution of common object devgan in.

Whereas section 149 of ipc says that every member of the unlawful assembly will be held guilty for the offence committed in prosecution of a common object. Both section 149 and section 34 of the indian penal code deal with a person s association that becomes responsible for punishment for the act they commit. Supreme court of india justice km joseph justice sanjay kishan kaul ipc unlawful assembly.

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