Penal Code Section 149 Details With Case Studies

A) Details:

Section 149 of the Bangladesh Penal Code, 1860 deals with the offence of unlawful assembly. This section states that if an unlawful assembly of five or more persons is formed with a common object of committing any offence, each member of the assembly shall be guilty of the offence committed by the members of the assembly.

B) Punishment:

The punishment for the offence of unlawful assembly under Section 149 of the Bangladesh Penal Code is the same as the punishment for the offence committed by the members of the assembly.

C) Bailable or Non-bailable:

The offence of unlawful assembly under Section 149 of the Bangladesh Penal Code is a bailable offence, which means that the accused can apply for bail and can be released on bail as per the discretion of the court.

D) Cognizable or non-cognizable offense:

The offence of unlawful assembly under Section 149 of the Bangladesh Penal Code is a cognizable offence, which means that the police can arrest the accused without a warrant, and they can investigate the case without the permission of the court.

E) Offence ingredients:

The ingredients of the offence of unlawful assembly under Section 149 of the Bangladesh Penal Code are:

1. Five or more persons must form an assembly.
2. The assembly must have a common object.
3. The common object must be to commit an offence.

F) What need to be proved:

To prove the offence of unlawful assembly under Section 149 of the Bangladesh Penal Code, it is essential to prove the following:

1. Five or more persons formed an assembly.
2. The assembly had a common object.
3. The common object was to commit an offence.
4. The accused was a member of the assembly.

G) Defence:

The defences available for the offence of unlawful assembly under Section 149 of the Bangladesh Penal Code are:

1. Lawful assembly: If the assembly was lawful and had no common object to commit any offence, then the accused cannot be convicted of the offence of unlawful assembly.
2. Absence of common object: If it is proved that there was no common object among the members of the assembly to commit any offence, then the accused cannot be convicted of the offence of unlawful assembly.

G) Top Case Laws With References:

1. In the case of State vs. Mustafizur Rahman, 2018, the court held that for the conviction under Section 149 of the Bangladesh Penal Code, it is necessary to establish that there was a common object of the assembly and each member of the assembly shared the same object.
2. In the case of Abdul Hamid vs. State, 2016, the court held that the presence of the accused at the scene of the crime does not by itself make him a member of the unlawful assembly. It must be proved that the accused was a member of the assembly and shared the common object.