Unlawful Assembly | Dev Karan @ Lambu v. State of Haryana, Crl.A. No. 299 of 2010 06-08-2019 SC

SUPREME COURT OF INDIA | Sanjay Kishan Kaul & K.M. Joseph, JJ. Crl.A. No. 299 of 2010 06-08-2019

The Indian Penal Code, 1860 - Sections 148, 302, 307, 325 read with Section 149 of the IPC and Section 449 - Unlawful Assembly - Concept of - What is necessary for invoking Section 149 ?

Whether there was any fatal flaw in the non-inclusion of Section 141 of the IPC while framing charges, as would render the complete trial illegal, or that it can result in a finding that there would be no occasion to invoke Section 149 of the IPC ?

Held:- It has nowhere been said that Section 141 of the IPC should be specifically invoked or else the consequences would be fatal. As long as the necessary ingredients of an unlawful assembly are set out and proved, as enunciated in Section 141 of the IPC, it would suffice. The actions of an unlawful assembly and the punishment thereafter are set out in the subsequent provisions, after Section 141 of the IPC, and as long as those ingredients are met, Section 149 of the IPC can be invoked.

Petitioner's Advocate : Rishi Malhotra
Respondent's Advocate : Vishwa Pal Singh

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