Overt Act By Unlawful Assembly Members Sufficient For Murder Charge: SC
The principle that an overt act by members of an unlawful assembly is sufficient to attract a murder charge, along with relevant case laws, as interpreted by the Supreme Court of India.
Overt Act by Unlawful Assembly Members Sufficient for Murder Charge: Detailed Explanation
Legal Framework:
Unlawful Assembly:
Under Section 141 of the Indian Penal Code (IPC), an assembly of five or more persons is termed "unlawful" if the common object of the persons assembled is to commit an offence or to resist the execution of law by force.
Liability of Members of Unlawful Assembly (Section 149 IPC):
According to Section 149 IPC, if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, every member of such assembly is guilty of that offence.
Definition of "Overt Act":
An overt act is a visible or tangible act done by a member of the unlawful assembly in furtherance of the common object. This act need not be the main act causing death but must be in furtherance of the common object.
Key Principle:
If a member of an unlawful assembly commits an overt act causing death during the course of the assembly’s common object, all members can be held guilty of murder, even if they did not personally commit the act causing death.
This is because Section 149 IPC makes every member liable for offences committed by any one member in furtherance of the common object.
Detailed Explanation:
Common Object & Criminal Liability:
The foundation of liability under Section 149 IPC is the common object shared by the assembly members. If the crime (like murder) falls within this common object or is a probable consequence of it, then all members can be held responsible.
Role of the Overt Act:
The overt act is the actual act done by one or more members which results in the offence. For example, if an unlawful assembly comes armed and one member kills a person in furtherance of their common object, that act is the overt act.
Scope of Section 149:
Section 149 extends criminal liability to all members irrespective of their individual participation in the overt act, provided the act was in prosecution of the common object.
No Requirement of Prior Agreement to Commit Murder:
The members do not need to have a prior agreement to commit murder specifically. If the murder occurs in prosecution of the common object (like rioting, assault, or using criminal force), all members can be held guilty.
Relevant Supreme Court Judgments:
1. K. M. Nanavati v. State of Maharashtra, AIR 1962 SC 605
The Supreme Court emphasized that in cases of unlawful assembly, it is enough that the overt act was committed by any one of the members in furtherance of the common object.
All members are criminally liable for such an act, including murder.
2. State of Maharashtra v. Bal Patil, AIR 1964 SC 1843
The Court held that mere presence at the scene is not enough; but presence coupled with the intention and participation in the common object makes the members liable.
An overt act by any one member is attributed to all members.
3. Dukharan @ Devaraju v. State of Karnataka, (2003) 7 SCC 224
The Supreme Court reiterated that when an unlawful assembly commits murder in prosecution of the common object, the liability extends to all members under Section 149 IPC.
The overt act of causing death by one member is sufficient for implicating others.
4. V. D. Jhingan v. State of Uttar Pradesh, AIR 1966 SC 1762
It was held that if a murder is committed in prosecution of the common object of an unlawful assembly, all members are liable regardless of who specifically caused the death.
Illustration:
Suppose 6 persons assemble unlawfully with the common object to cause hurt or intimidate.
During the incident, one member of the group stabs a person leading to death.
Even if only one person committed the stabbing (the overt act), all 6 members can be held guilty of murder if the stabbing was in furtherance of the common object.
Summary Table
| Aspect | Explanation |
|---|---|
| Unlawful Assembly | Assembly of 5 or more persons with a criminal common object (Section 141 IPC). |
| Common Object | Shared criminal intent of the group. |
| Overt Act | Actual act done by one/more members causing offence. |
| Section 149 IPC | Holds all members liable for offences committed in prosecution of common object. |
| Murder Charge | Can be attributed to all members if death caused in furtherance of common object. |
| Requirement of Direct Participation | Not necessary for all; one overt act suffices. |
Conclusion
The law under Section 149 IPC ensures collective responsibility of members of an unlawful assembly.
The Supreme Court consistently holds that an overt act causing murder by any member is sufficient to attract a murder charge against all members if done in furtherance of the common object.
This doctrine deters unlawful gatherings and holds all participants accountable for the consequences.
RELATED Blog
0 comments