Even if you have not attacked anyone, you will be punished even if you are with a violent mob: Supreme Court

The Supreme Court, while hearing a case from Madhya Pradesh, has reiterated that if a person has not attacked anyone, but that person is with a violent mob, then he will also definitely be punished. The Supreme Court had mentioned the 'Masalti vs. State of UP' case of 1964.


While hearing a case, the Supreme Court has reiterated that even if a person has not attacked anyone, but if that person is with a violent mob then he will definitely be punished. The Supreme Court said that this is a point of law, which was decided in the year 1964 itself.

Referring to the 1964 judgment, the bench comprising Justices BR Gavai, BV Nagarathna and Prashant Kumar Mishra said that it can be clearly seen that the Constitution Bench has held that it is not necessary that an unlawful assembly be formed. Every person doing this must have played an active role. But due to his presence, he can be held guilty with the help of Section 149 of IPC.

Which case was the Supreme Court hearing?

Actually, the Supreme Court bench was hearing an appeal against a decision of the Madhya Pradesh High Court. In this decision, the High Court had upheld the life imprisonment sentence of the appellants under section 302 of the IPC. The Appellants were convicted for being part of a mob during a violent clash over a buffalo dispute. This group of people had murdered a person.

SC mentioned the case 'Masalti vs UP State'

Let us tell you that the Supreme Court had mentioned the case 'Masalti vs UP State' in the year 1964. In 1964, a Constitution Bench had said that Section 149 of the IPC states that if only one member of a crowd has committed a crime and the rest of the crowd is not directly involved in that crime, but they already know that If there is a possibility of a crime being committed then every person in the crowd can be held guilty.

News is originally taken from: https://bit.ly/3StsXWQ

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