IPC Section 149
Bare Act Language:
"Every member of an 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."
Explanation in Detail:
1. Context:
Section 149 of the IPC deals with "constructive liability" – meaning, a person can be held guilty of a crime even if they did not personally commit the crime, but were part of a group (unlawful assembly) that committed it.
2. Key Ingredients of Section 149:
(i) Unlawful Assembly:
Defined under Section 141 IPC.
An assembly of five or more persons with a common object to do something unlawful.
The object must fall into one of the five categories listed in Section 141 (e.g., using criminal force, resisting law enforcement, committing mischief, etc.).
(ii) Common Object:
The offence must be committed in prosecution of the common object of that assembly.
Even if it was not the common object, if the members knew it was likely to happen, Section 149 still applies.
(iii) Participation:
The person must be a member of the unlawful assembly at the time the offence is committed.
Active participation in the actual offence is not required.
Mere presence with knowledge and intention is sufficient.
3. Illustration:
Suppose 6 people gather to forcibly take possession of a disputed property. One of them kills a person who resists.
Even if only one person committed the murder,
If the common object was to take over the property by force (and such resistance was anticipated),
All 6 can be held guilty of murder under Section 302 read with Section 149 IPC.
4. Important Judicial Interpretations:
Common object is different from common intention (Section 34 IPC).
Common object doesn't require prior meeting of minds, while common intention does.
Under 149, mere membership in the group with knowledge is enough.
Presence is enough: Even if a member did not do any violent act, but stood by and supported, he can still be held guilty.
Liability is vicarious: Each member shares liability for the act committed by any member if it was done to further the group’s object.
5. Punishment:
Section 149 itself does not prescribe a punishment. The members are punished according to the offence actually committed (e.g., murder, grievous hurt, etc.) by applying Section 149 read with the main offence.
6. Difference from Section 34 IPC:
| Point of Difference | Section 149 IPC | Section 34 IPC |
|---|---|---|
| Type of Liability | Constructive liability (group) | Joint liability (shared intent) |
| Number of persons | 5 or more | 2 or more |
| Prior agreement | Not necessary | Necessary (common intention) |
| Membership | Unlawful assembly | No requirement of assembly |
Conclusion:
Section 149 IPC is a powerful provision used to hold entire groups criminally liable for acts done in furtherance of a common object. It ensures that individuals cannot escape punishment by claiming they didn’t directly commit the act, so long as they were part of the unlawful assembly and the act was foreseeable.
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