Overview: Under this Kanooni Dhara of the if any member of an unlawful assembly commits an offence in pursuance of the common object of that assembly every person who, at the time of the committing of that offence, is a member of the same assembly is guilty of that same offence.
What does unlawful assembly mean?
An unlawful assembly as per section 141 of IPC means an assembly of 5 or more persons if the common object of the assembly is-
To intimidate by using criminal force or show criminal force, to Central or any State Government or Parliament or any State Legislature or any public servant; or
To oppose the performance of any law or legal process; or
To carry out any mischief or criminal trespass or any other offence; or
By use of criminal force takes possession of any property or deprives any person of the right to the way or the use of water or any incorporeal right; or
With the use or show of criminal force compel any person to do any illegal act.
Ingredients of the Section: The following are the essentials of this section ;
There should be an unlawful assembly as defined under section 141 of IPC
A member of that unlawful assembly must commit an offence
The offence committed must be in pursuance of the common object of the assembly
Punishment: Any person liable for an offence under this section shall be punished in accordance with the offence committed.
Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Vicarious liability of members of unlawful assembly. | The same as that of the offence committed. | In accordance with the offence committed. | In accordance with the offence committed. | In accordance with the offence committed. |
| Offence | Vicarious liability of members of unlawful assembly. |
|---|---|
| Punishment | The same as that of the offence committed. |
| Cognizance | In accordance with the offence committed. |
| Bail | In accordance with the offence committed. |
| Triable By | In accordance with the offence committed. |
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