Supreme Court of India

Lalji v State of UP

1989 INSC 1219891 min read
The case in brief30-second read
Facts
Members of an unlawful assembly were convicted of murder with the aid of S.149 IPC.
Issue
What S.149 IPC requires for constructive liability.
Held
S.149 creates a distinct head of liability. Every member is liable for an offence committed in prosecution of the common object, or one the members knew was likely to be committed; no individual overt act need be proved. Membership at the time and the common object or knowledge are essential.
Principle
Under S.149 IPC liability flows from membership of the unlawful assembly with the common object or knowledge.
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Facts

  • Members of an unlawful assembly were convicted of murder with the aid of S.149 IPC.

Issue

  1. What S.149 IPC requires for constructive liability.

Held

  • S.149 creates a distinct head of liability. Every member is liable for an offence committed in prosecution of the common object, or one the members knew was likely to be committed; no individual overt act need be proved. Membership at the time and the common object or knowledge are essential.

Cite this

Citation

Lalji v State of UP 1989 INSC 12

Reported: https://api.sci.gov.in/jonew/judis/8083.pdf ; https://indiankanoon.org/doc/1093191/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.