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1 - 10 of 14 (1.33 seconds)Section 341 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 141 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in Telangana Prohibition Act, 1995 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Telangana Prohibition Act, 1995
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Mohan Singh Gill & Ors. Etc. Etc vs State Of Punjab & Ors. Etc. Etc on 25 March, 2015
23. Courts have given a strict interpretation to Section 149 of the
IPC - Offence committed by member of Unlawful assembly in
prosecution of a common object. It is well settled that Section 149
of the IPC prescribes vicarious criminal liability for all members of
an unlawful assembly where an offence is committed by any
member of such unlawful assembly in prosecution of a common
object of that assembly. One of the essential ingredients of Section
149 is that the offence ought to have been committed by any
member of an unlawful assembly and Section 141 makes it clear
that it is only where five or more persons constituted an assembly
that an unlawful assembly is born, provided of course, where the
persons composing that assembly act with common object: Mohan
Singh v. State of Punjab 3.
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
28. The fact of malice was one of the considerations before the
Supreme Court in State of Haryana Vs. Bhajan Lal 5, where the
Supreme Court listed out certain situations where the inherent
powers under section 482 of the Cr.P.C. could be exercised. One of
the situations mentioned in Bhajan Lal is where the Criminal
Proceeding is manifestly attended with mala fide and/or where the
proceeding is maliciously instituted with an ulterior motive for
wreaking vengeance on the accused and with a view to spite him
due to private and personal grudge.