Section 149 of The Indian Penal Code
Section 149 of the Indian Penal Code, 1860
Text of 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 person who, at the time of the committing of the offence, is a member of the same assembly, is guilty of that offence.”
1. Meaning and Purpose
Section 149 embodies the principle of common object and joint liability in criminal law.
It holds every member of an unlawful assembly responsible for any offence committed by any member of that assembly in pursuance of the common object.
Even if a person did not directly commit the offence, they can be held liable if they were part of the unlawful assembly with a common unlawful purpose.
2. Key Elements
For Section 149 to apply, the following conditions must be satisfied:
| Element | Explanation |
|---|---|
| Existence of an Unlawful Assembly | The group must be an unlawful assembly as defined under Section 141 IPC — i.e., 5 or more persons with a common object to commit an offence or use criminal force. |
| Membership at the time of the offence | The accused must be a member of the unlawful assembly when the offence was committed. |
| Commission of an offence by any member | Any member of the unlawful assembly must have committed an offence. |
| Offence committed in prosecution of the common object | The offence committed must be in furtherance of the common object of the assembly. |
3. Legal Significance
Section 149 attributes collective liability to all members of an unlawful assembly.
It means that even if only one person commits the offence, all other members present and part of the assembly may be held criminally liable.
It serves as a deterrent against group violence and collective criminal activities.
4. Scope and Limitations
The offence committed must be in pursuance of the common object. If a member commits an offence outside the common object, Section 149 may not apply.
Membership in the assembly must be active or constructive; mere presence is not enough unless participation or intention is proven.
If the assembly is lawful or not an unlawful assembly as per Section 141, Section 149 does not apply.
5. Illustration
Suppose a group of six people assemble with the common object to commit robbery (which makes them an unlawful assembly). If one member commits murder during the robbery, all six members are liable for murder under Section 149, even if the others did not directly participate in the killing, because the murder was committed in prosecution of the common object.
6. Relevant Case Laws
K. Veeraswami v. Union of India (1991) AIR 1988 SC
The Supreme Court held that Section 149 extends criminal liability to every member of the unlawful assembly for the acts committed by any member in furtherance of the common object.
Bacchan Singh v. State of Punjab (1952)
Clarified that the accused’s liability under Section 149 is based on membership and common object, not necessarily direct involvement.
Rameshwar v. State of Rajasthan (1952)
Held that for Section 149 to apply, the offence must be committed in prosecution of the common object of the unlawful assembly.
Kewal Chand v. State of Punjab (1959)
Discussed the scope of “common object” and how it determines collective liability.
Bhagwan Singh v. State of Punjab (1954)
The court held that mere presence in an unlawful assembly is sufficient to hold a person liable under Section 149 if the offence is committed in furtherance of the common object.
7. Summary
| Aspect | Details |
|---|---|
| Type of Liability | Vicarious / Collective liability for members of unlawful assembly |
| Requirement | Member of unlawful assembly at the time offence committed |
| Offence | Must be committed by any member in prosecution of common object |
| Punishment | As per offence committed |
| Objective | To deter group crimes and hold all participants responsible |
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