What is Section 149 IPC? Every member of unlawful assembly guilty of offence committed in prosecution of common object
Published on: Lawiz Team
Detailed explanation of Section 149 IPC: Every member of unlawful assembly guilty of offence committed in prosecution of common object.
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 149 holds all members of an unlawful assembly liable for any offense committed in pursuit of the group's common objective.
Purpose
To ensure that all members of an unlawful assembly are held accountable for collective crimes.
Bailable or Not Bailable & Punishment
Bailable: Depends on the main offence committed, Punishment: Same as for the offence committed in prosecution of the common object.
Key Elements
The offense must be in pursuit of the common objective of the assembly.
Punishment
Punishment is as per the offense committed by the assembly.
Legal Defenses
If the member can prove they did not share the common objective or did not know about it.
Judicial Interpretation
Courts have clarified that passive presence does not imply liability under this section.
Illustration
If an unlawful assembly commits arson, all members can be held liable under Section 149.
FAQs
What does Section 149 IPC define?
Every member of unlawful assembly guilty of offence committed in prosecution of common object.
Where is Section 149 IPC applicable?
In cases involving every member of unlawful assembly guilty of offence committed in prosecution of common object situations.
What is the scope of Section 149 IPC?
It deals with offences relating to unlawful assemblies, riots, and public order.
Give an example of Section 149 IPC being used.
It is applied when individuals join unlawful assemblies or provoke public disorder.
What punishments are mentioned in Section 149 IPC?
Punishments include imprisonment, fine, or both depending on severity.
Is Section 149 IPC connected to other IPC sections?
Yes, it works alongside related riot, unlawful assembly, and public disturbance laws.
How have courts interpreted Section 149 IPC?
Courts focus on common object, criminal force, and disturbance of peace while interpreting.