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Section 148 – Indian Penal Code (IPC)

 

Indian Penal Code (IPC)

 

Section 148. Rioting, armed with deadly weapon

 

Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

 

COMMENTS

 

Unlawful Assembly to cause death

 

Where the presence of injured eye witnesses at the place of occurrence was undoubtful and their evidence corroborated by medical evidence supported by prompt FIR against all 16 accused, merely non-explanation of injuries sustained by accused persons by these witnesses is not fatal for prosecution and as such common object of unlawful assembly to cause death is established; State of Madhya Pradesh v. Bhagwan Singh, 2000 Cr LJ 123 (MP).

 

Nexus between common object and offence

 

There must be nexus between the common object and the offence committed and if it is found that the same was committed to accomplish the common object every member of the assembly will become liable for the same; Allauddin Mian Sharif Mian v. State of Bihar, (1989) Cr LJ 1466: AIR 1989 SC 1456.

 

 

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Indian Penal Code (IPC)

 

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