Court caseSupreme Court of India

The syllabus of LUG-106 cites this case for the doctrine of common object under s. 149 IPC, now s. 190 BNS. The name is printed as given in the syllabus; the reported decision (very probably the Supreme Court's judgment in the appeal of Nawab Ali against the State of Uttar Pradesh, which concerned a group attack by members of an unlawful assembly) could not be confirmed when this seed was written. The year, citation and bench are therefore left blank rather than guessed.

The principle for which the case is taught is this: once membership of an unlawful assembly of five or more persons (s. 189 BNS, s. 141 IPC) and a common object are proved, every member is guilty of the offence committed by any member in prosecution of that object, or of an offence the members knew to be likely to be committed, even if the member did nothing himself. Liability is for membership with knowledge, not for participation in the act. Because the report could not be verified, the facts and the exact holding should be checked by a faculty member before citing the case in an answer.