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Supreme Court Rules on Vicarious Liability in Group Assault Case

13Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...

The “Unlawful Assembly” Test: Supreme Court Explains When Mere Presence at a Crime Scene Isn’t Enough

This Supreme Court judgment clarifies that mere presence in a crowd does not automatically constitute membership in an unlawful assembly under Section 149 IPC. To establish constructive liability, the prosecution must prove, beyond reasonable doubt, that each accused shared the common object of the assembly, distinguishing active participants from passive bystanders. Conviction requires cogent and consistent evidence linking the individual to the assembly's objective. Facts Of The Case: On 20 November 1988, at around 8:00 AM, informant Jagdish Mahato (PW-20) and his brother Meghu Mahato went to inspect their settled agricultural land in Baharkhal, Bihar. They allegedly found a large mob of 400-500 persons from the neighboring village of Mahila, many armed with weapons like guns, spears, ...

Supreme Court Rules: Conspiracy Can Be Proven by Conduct, Not Just Direct Evidence

The Supreme Court upheld the conviction under Section 120B IPC, ruling that criminal conspiracy can be inferred from circumstantial evidence and the accused's conduct. The court affirmed that prior exoneration in a police report does not bar trial courts from summoning an accused under Section 319 CrPC if trial evidence reveals complicity. Facts Of The Case: An Assistant Superintendent of Jail accompanied two Head Constables escorting an undertrial prisoner from Ludhiana to a court in Talwandi Sabo. After the hearing, the official persuaded the constables to return in a private Tata Qualis instead of the bus. Unknown to the officers, two unidentified individuals were already seated in the rear. During the journey, the official had the vehicle stopped on a pretext. At that moment, the two...