Q & A Forum Find a Lawyer Case Request Free Legal Templates Read Article Indian Kanoon e-Court fee Certified Copy
Loading
We make advocacy simple for you Ask a question Talk to a lawyer Login | info@easyadvocacy.com

IPC - SECTION 149 - Every member of unlawful assembly guilty of offence committed 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.

1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

Description : IPC - SECTION 149 - Every member of unlawful assembly guilty of offence committed in prosecution of common object


This section is a very important provision with regard to group liability. It is also known as laying down a principle of joint or vicarious or constructive criminal responsibility.



View Previous | View Next

Ask your question from lawyers!

Ask anonymously

Customer Support

Need any help? Feel free to contact us
at +91-11-2622 7731

100% Secure

Our payment gateway system is 100% secured, you can count on us for the security of your money.