Five persons went to the house of Z armed with clubs to beat Z. Among these, one A was carrying a…
The five formed an unlawful assembly with the common object of beating Z, so under section 149 of the Indian Penal Code every member is guilty of the offences committed in…
Choose your answer
Five persons went to the house of Z armed with clubs to beat Z. Among these, one A was carrying a pistol concealing it underneath his clothes. During the beating, A fired a shot resulting in Z's death.
Answer and explanation
Correct answer B
The five formed an unlawful assembly with the common object of beating Z, so under section 149 of the Indian Penal Code every member is guilty of the offences committed in prosecution of that object, and "All of them will be liable for beating Z". The fatal shot is attributed to the others only if it was committed in prosecution of the common object or they knew it was likely to be committed; A's pistol was concealed, so they are not liable for Z's death merely as members of the assembly. It is wrong, however, to say that only A committed any offence.
Current law: section 149 of the Indian Penal Code is now section 190 of the Bharatiya Nyaya Sanhita, 2023.
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