Assertion (A): The essence of joint liability under section 149 of the...
The ans should be B, according to me, as the declares tht any unlawful act done by even one member of an unlawful assembly (specifically unlawful) would render the whole assembly liable...
Assertion (A): The essence of joint liability under section 149 of the...
Explanation:
The correct answer is option C, i.e., Assertion (A) is true but Reason (R) is false.
Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.
Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of that assembly liable.
Explanation:
- Section 149 of the Indian Penal Code (IPC) deals with the concept of joint liability in the case of an unlawful assembly.
- According to this section, if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
- Therefore, the essence of joint liability under section 149 is that the criminal act must have been done with a view to fulfill the common object of an unlawful assembly.
- This means that all members of the unlawful assembly will be held liable if the offence is committed by any member of that assembly in furtherance of the common object.
- The liability is based on the principle of constructive liability, where the act of one member is imputed to all members of the unlawful assembly.
- However, the reason provided in option R is incorrect.
- Any sudden and provocative act done by a member of an unlawful assembly does not automatically render all other members liable.
- In order to establish liability, the act must be done in prosecution of the common object or in such a manner that the members of the assembly knew it to be likely to be committed in prosecution of that object.
- Mere presence in the unlawful assembly is not sufficient to establish liability under section 149.
- Therefore, Reason (R) does not correctly explain Assertion (A).
Hence, the correct answer is option C, i.e., Assertion (A) is true but Reason (R) is false.