The Supreme Court of India has issued a judgment on the interpretation of Section 149 of the Indian Penal Code (IPC), which pertains to the offence of unlawful assembly. According to the Court, Section 149 IPC can only be invoked if five or more persons, who have been specifically named in the First Information Report (FIR), are facing trial separately. The FIR should also have specified a common object for the assembly.
The Court stated that the prosecution must establish that there was a pre-arranged plan and the accused were aware of the same. The mere presence of the accused at the site of the crime would not be sufficient to attract Section 149 IPC. The Court also noted that if the common object was not proved, Section 149 IPC could not be invoked even if five or more persons were present at the site of the crime.
The Court’s ruling came in response to an appeal by the accused, who were charged under Section 302 IPC (murder) and Section 149 IPC in connection with a communal clash that took place in 1995. The accused had argued that they had been falsely implicated in the case and that Section 149 IPC could not be invoked as there was no specific common object for the assembly.
The Supreme Court’s decision is expected to have a significant impact on future criminal trials that involve the offence of unlawful assembly. The ruling provides clarity on the interpretation of Section 149 IPC and emphasizes the need for the prosecution to establish a pre-arranged plan and a specific common object for the assembly.
Written by Nidhi Bhadauriya, a 2nd semester BA.LLB student from Vivekananda institute of professional studies
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