For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court

Case: Parshuram v. State of MP

Coram: Justice BR Gavai, Justice BV Nagarathna, and Justice Prashant Kumar Mishra

Case No.: CRIMINAL APPEAL NO. 524 OF 2021

Court Observation: “It could thus clearly be seen that the Constitution Bench has held that it is not necessary that every person constituting an unlawful assembly must play an active role in convicting him with the aid of Section 149 of IPC. What has to be established by the prosecution is that a person has to be a member of an unlawful assembly, i.e. he has to be one of the persons constituting the assembly and that he had entertained the common object along with the other members of the assembly, as defined under Section 141 of IPC. As provided under Section 142 of IPC, whoever, being aware of facts that render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.”

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Keywords

For Conviction Under Section 149 IPC, Supreme Court