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.
IPC Simplified Explanation
IPC Section 149 of the Indian Penal Code (IPC) is a critical legal provision that holds every member of an unlawful assembly responsible for any offence committed by any member of that assembly in furtherance of the assembly’s common object. This means that if any member of an unlawful assembly commits an offence in a manner that aligns with the group’s shared intention or objective, then all members can be held liable for that offence.
This section emphasizes collective responsibility and is designed to deter the formation of groups with the intent to commit offences by ensuring that all participants are held accountable for the actions of individual members when those actions are part of the assembly’s common objective.
Is IPC Section 149 Bailable?
Whether an offence under IPC Section 149 is bailable depends on the specific offence committed by the assembly. Bailability will be determined based on the gravity and nature of that offence. If the underlying offence committed by the assembly is bailable, Section 149 is treated as bailable; if the underlying offence is non-bailable, Section 149 is treated as non-bailable.
IPC Section 149 Punishment
The punishment under IPC Section 149 is directly tied to the specific offence committed by any member of the assembly. Every member of the unlawful assembly can be held liable for the same punishment as the actual perpetrator of the offence, based on the principle that they were part of the collective effort to achieve a common object that involved committing that offence.
Example of IPC Section 149
A real-life example of IPC Section 149 being invoked occurred during a large-scale riot where a segment of the crowd destroyed public property and assaulted bystanders. One of the rioters set a vehicle on fire. Because the destruction and assault were in line with the common object of the assembly—to create chaos and damage—the police charged all identifiable members of that segment of the riot under Section 149. This meant that even those who did not directly set the fire or assault anyone were held legally responsible for those actions, facing similar legal consequences as the actual perpetrators.
