S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
1 year, 5 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law  

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to prove that they were aware of the offences likely to be committed is to achieve the said common objec t," the Court said. Applying the principles so discussed in the present case, the Court found that the prosecution had failed to prove that the appellants had a common object with other members of the alleged unlawful assembly. The prosecution had failed to prove that the appellants herein had shared a common object with other members of the alleged unlawful assembly.” Therefore, the court concluded that found that both the key elements to convict a person under section 149 IPC namely- that the appellants shared a common object and were part of the unlawful assembly, and secondly, it had to be proved that they were aware of the offenses likely to be committed to achieve that common object were absent.

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History of this topic

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration
3 weeks, 1 day ago

Supreme Court Discharges Employers In Culpable Homicide Case Over Electrocution Death Of Workers Engaged For Decoration

Live Law  

The Supreme Court recently discharged two persons accused of not providing safety equipment to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder. The Trial Court and High Court rejected the appellants' discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II …

Difference Between 'Common Intention' (S.34 IPC) & 'Common Object' (S.149 IPC) : Supreme Court Explains With Illustrations
1 month, 1 week ago

Difference Between 'Common Intention' (S.34 IPC) & 'Common Object' (S.149 IPC) : Supreme Court Explains With Illustrations

Live Law  

The Supreme Court recently clarified the distinction between Sections 34 and 149 of the Indian Penal Code, 1860. The charge framed under Section 149, IPC, disregards the intention of the individual members of the assembly altogether, and concentrates merely on the common object of the assembly as a whole. “On the other hand, under Section 34, IPC, a mere agreement, …

S. 34 IPC | Mere Presence At Crime Scene As Spectator Doesn't Establish Common Intention Unless Active Participation Proven: Supreme Court
1 month, 2 weeks ago

S. 34 IPC | Mere Presence At Crime Scene As Spectator Doesn't Establish Common Intention Unless Active Participation Proven: Supreme Court

Live Law  

Observing that mere presence at the crime scene doesn't establish common intention unless active participation is proven, the Supreme Court recently acquitted the husband alleged to have actively participated with his mother in setting his wife ablaze.“A person present on the scene might or might not be guilty by the application of Section 34, IPC. Observing that mere presence at …

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court
2 months ago

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court

Live Law  

The Supreme Court, while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 of the IPC, it must be established that the accused had preplanned the act and shared a common intention. “It could thus be seen that it is a settled legal position that the interference with the finding …

[S.34 IPC] Common Intention And Pre-Meeting Of Minds Can Take Place At The Spur Of Moment: Supreme Court
2 months, 2 weeks ago

[S.34 IPC] Common Intention And Pre-Meeting Of Minds Can Take Place At The Spur Of Moment: Supreme Court

Live Law  

The Supreme Court observed that common intention and pre-meeting of minds can occur at the spur of the moment during an incident, thus attracting Section 34 of the Indian Penal Code. The Trial Court convicted the accused persons, inter-alia, for causing grievous hurt with dangerous weapons. Merely for the reason that the injuries inflicted by Accused no.2 were less than …

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction
2 months, 3 weeks ago

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

Live Law  

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately. Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys, …

[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court
9 months, 3 weeks ago

[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court

Live Law  

The Kerala High Court has held that mere participation in an offence would not be sufficient to attribute common intention unless it was proved that they shared a premeditated plan. The Counsel for the second and third accused submitted that even if they accompanied the first accused, they shared no common intention to cause death. It stated that mere participation …

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
1 year, 2 months ago

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

Live Law  

The Supreme Court, in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. Additionally, it must be noted that, in the present case, the Court clarified that discovery of fact also includes knowledge of the accused person. “However, we must clarify that Section 27 of the Evidence Act, as …

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court
1 year, 3 months ago

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court

Live Law  

The Supreme Court recently clarified that for Section 34 of the Indian Penal Code to be applicable, there must be a common intention among all co-accused individuals, indicating a shared purpose and design. The Court observed “For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design. …

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court
1 year, 7 months ago

Section 149 IPC | Cannot Expect Witness To Speak About Specific Overt Act By Each Accused With Graphic Detail : Supreme Court

Live Law  

The Supreme Court observed that in a case involving 149 of the Indian Penal Code, a witness cannot be expected to speak with graphic detail about the specific overt act that can be attributed to each of the accused.In this case, appellants- accused were concurrently convicted under Section 302 read with Sections 149 and 148 of the Indian Penal Code, …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 10 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Section 149 IPC Is One Of The Most Misused And Misinterpreted Provisions Of The Present Times: Allahabad High Court
2 years, 5 months ago

Section 149 IPC Is One Of The Most Misused And Misinterpreted Provisions Of The Present Times: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that Section 149 I.P.C is one of the most misused and misinterpreted provisions of the present times so far as the investigation by the Investigating Officers of police or any other investigating agency of crime is concerned. The bench of Justice Siddharth observed thus while dealing with a bail plea wherein the accused …

Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case
2 years, 6 months ago

Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case

Live Law  

The Orissa High Court has upheld the conviction of Dara Singh alias Rabindra Kumar Pal and his co-accused for the murder of Father Arul Doss in Mayurbhanj district of Odisha in the year 1999. Accordingly, the Court held that it is not possible in the present case to sustain the conviction against the four Appellants for the offence punishable under …

Some Kind Of Physical Manifestation Of Agreement Is Required To Attract Offence Of Criminal Conspiracy U/Sec 120B IPC: Supreme Court
2 years, 7 months ago

Some Kind Of Physical Manifestation Of Agreement Is Required To Attract Offence Of Criminal Conspiracy U/Sec 120B IPC: Supreme Court

Live Law  

The Supreme Court observed that some kind of physical manifestation of agreement to commit an offence is required to attract the offence of Criminal Conspiracy under Section 120B of the Indian Penal Code.In this case, all the accused were employees of Guna Branch of Central Bank of India, and were prosecuted for the above-referred offences of theft, house-trespass, destruction of …

Supreme Court Criminal Digest: June 2022
2 years, 8 months ago

Supreme Court Criminal Digest: June 2022

Live Law  

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Sanjay v. State, 2022 LiveLaw 555 Code of Criminal Procedure, 1973; Section 220 - trial for more than one offence - if in one series of acts …

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court
2 years, 10 months ago

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court

Live Law  

The Punjab and Haryana High Court while dealing with an appeal filed by three appellants against the order whereby they were convicted for robbery, held that if the witness was not confronted with that part of the statement with which the defense wanted to contradict him, then the Court cannot suo moto use the statements to prove compliance with Section …

Section 106 Evidence Act Applies To Cases Where Chain Of Events Has Been Successfully Established By The Prosecution: Supreme Court
2 years, 10 months ago

Section 106 Evidence Act Applies To Cases Where Chain Of Events Has Been Successfully Established By The Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the Section 106 of the Indian Evidence Act applies to cases where chain of events has been successfully established by the prosecution, from which a reasonable inference is made out against the accused.In a case based on circumstantial evidence, whenever an incriminating question is posed to the accused and he or she either evades response, …

Section 34 IPC : Prior Concert & Pre­arranged Plan Has To Be Established For Conviction Invoking 'Common Intention' : Supreme Court
3 years ago

Section 34 IPC : Prior Concert & Pre­arranged Plan Has To Be Established For Conviction Invoking 'Common Intention' : Supreme Court

Live Law  

The Supreme Court observed that existence of a prior concert and pre­arranged plan has to be established for convicting accused by invoking Section 34 of the Indian Penal Code.In this case, the appellant was concurrently convicted under Section 302 read with Section 34 of the Indian Penal Code. The Supreme Court observed that existence of a prior concert and pre­arranged …

Section 34 IPC: Immaterial Whether Accused Used Weapon Or Caused Injury If 'Common Intention' To Kill Deceased Is Established: Supreme Court
3 years ago

Section 34 IPC: Immaterial Whether Accused Used Weapon Or Caused Injury If 'Common Intention' To Kill Deceased Is Established: Supreme Court

Live Law  

The Supreme Court observed that once it is established that all the accused came at the place of incident with a common intention to kill the deceased, it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased.In this case, the Trial …

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court
3 years, 1 month ago

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court

Live Law  

The Supreme Court observed that Section 34 of the Indian Penal Code does not attract when the final outcome or offence committed is distinctly remote and unconnected with the common intention.A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final …

Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court
3 years, 2 months ago

Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court

Live Law  

The Supreme Court has observed that conviction with the aid of Section 149 of the Indian Penal Code is not sustainable when the co-accused have been acquitted, making the membership of the alleged unlawful assembly less than 5 and there are no unidentified accused in the case. To contend that the conviction was unsustainable in law, the counsel while referring …

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains
3 years, 3 months ago

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains

Live Law  

In a judgment delivered on Monday, the Supreme Court explained the ingredients necessary to prove a charge under Section 409, 420 and 477A of the Indian Penal Code.The bench comprising CJI NV Ramana, Surya Kant and Hima Kohli made these observations while allowing appeal filed by an accused who was concurrently convicted under Sections 409, 420, and 477A of the …

Has Not The Apex Court Done Violence To Section 149 IPC?
3 years, 3 months ago

Has Not The Apex Court Done Violence To Section 149 IPC?

Live Law  

I chanced to peruse a Judgment dated 23-11-2021 by a two – Judge Bench of the Supreme Court of India in Criminal Appeal No: 31 of 2019, forwarded to me by a senior Advocate of the Supreme Court. SECTION 149 IPC 1 If an offence is committed by any member of an unlawful assembly in prosecution of the common object …

Section 149 IPC -Merely Because A Person Disclosed Victim's Hideout, He Can't Be Held To Part Of Unlawful Assembly : Supreme Court
3 years, 3 months ago

Section 149 IPC -Merely Because A Person Disclosed Victim's Hideout, He Can't Be Held To Part Of Unlawful Assembly : Supreme Court

Live Law  

Setting aside the conviction of a person in a murder case, the Supreme Court recently held that merely because a person revealed the hideout of the victim to the murderous mob, he cannot be presumed to share the common object of the unlawful assembly.A bench comprising Justices Sanjay Kishan Kaul and MM Sundresh struck a word of caution by observing …

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
4 years, 3 months ago

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court

Live Law  

The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed …

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines
6 years ago

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines

Live Law  

A three Judge Bench of Supreme Court of India on Tuesday has issued guidelines regarding quashing of Criminal Proceedings on the ground of compromise between the parties. The Bench has then issued the following Guidelines i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the …

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]
6 years, 1 month ago

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, while convicting accused by altering charge from Section 149 IPC to Section 34 IPC, their 'common intention' should be proved. Whether the High Court was justified in convicting the appellants under Section 302 read with Section 34 IPC when, in fact, the initial trial was on the basis of a charge under Section 302 …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Proving 'criminal conspiracy' remains complicated in India, but Babri Masjid case may bring clarity
7 years, 10 months ago

Proving 'criminal conspiracy' remains complicated in India, but Babri Masjid case may bring clarity

Firstpost  

Given that the criminal conspiracy charges make the CBI’s case against the accused in the Babri Masjid demolition case more buoyant, it is worth exploring the ingredients of the offence and what issues are relevant for the prosecution to address in the present case A special CBI court recently charged senior BJP leaders — Murli Manohar Joshi, Uma Bharti and …

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