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Culpability Of A Member Of An Unlawful Assembly Is Vicarious In Nature
13 Dec 2019 01:17 pm
The Gauhati High Court on Friday held that members of an unlawful assembly may be held vicariously liable and the only pre-condition to that is a common object of committing the offence.
Justice Manash Ranjan Pathak and Justice Sanjay Kumar Medhi in this behalf said,
"…the distinction beyond common intention appearing in Section 34 and common object appearing in Section 149 of the IPC has stated that while in the former, a pre concert and meeting of minds is necessary, there is no such necessity for invoking Section 149 of the IPC. The only requirement is that unlawful assembly as defined in Section 141 of the IPC should be there and there has to be a common object of committing the offence. The implication/ culpability of a member of an unlawful assembly is vicarious in nature and it is not necessary that each of the member of the unlawful assembly should commit an overt act. In other words, an offence committed by any member of unlawful assembly will vicariously rope in the other members of the said assembly making him or her liable."
Dismissing the Appellant's contention that for a conviction to be made under Section 149 of the IPC there is a requirement of common object, the court said,
"As regards the submission that Section 149 of the IPC will have no application, this Court is the opinion that the pre-conditions for invoking Section 149 of the IPC are fully met as all the accused persons who had come to attack the house are of one family and had a common object of teaching a lesson to the family of the P.W. 1."
