Indian Law which needs reconsideration - Sec.149 IPC - An accused can be sent to life even if nothing is done by him

An accused can be sent to life even if nothing is done by him-

A Law in India, which needs some reconsideration -

Sec.149 IPC -

This is a serious provision. Many in jail say that they are innocent, though they had done nothing, they are wrongly sent to jail. They say that their appeals are wrongly dismissed by High Court and Supreme Court.

WHAT IS THIS PROVISION ?

It is sec 149 of IPC.

Suppose few friends decide to go and beat up some rival.

And they actually go.

Now they are no more a "Group of Friends"... They have now become an "Unlawful  Assembly" as per provisions of law.

In an Unlawful assembly, each person is liable equally for act of every other person.

It is like partnership firm in civil law. Each partner is liable for all acts of all other partners.

Now, instead of Beating up only, one friend goes overboard and kills the victim.

Now the Whole Group of Friends go to Life Imprisionment.

Even the person who did nothing except accompanying friends, goes in jail.

This is the Law

How this law can be improved or changed?

This law is here since hundreds of years. To change this law is not easy.

I heard an argument in Supreme Court a month ago. This argument prompts me to write this blog.

Case was :-

In a small village, a group of 20 to 25 people killed a man.

No one from village came to give evidence.

But relatives of deceased did gave evidence and gave names of 29 persons as assailants.

The trial court sent all 29 persons to life imprisionment.

It said, there is no reason why relatives of deceased will implicate any innocent person.

There is no reason available on record to disbelieve these eye witnesses (Relative Eye Witnesses)

High Court mechanically confirmed conviction.

Now arguments were in Supreme Court. The Last Court of India.

The arguing senior advocate was also a retired High Court Judge.

When he was judge, he had convicted many in this same way.

But now he was advocate. He was looking at case from perspectives of convicted. He was now thinking differently.

His following arguments touched me:

THREE ARGUMENTS

1) He said, I am lawyer, but I am also an officer of this court. It is my duty to assist court in doing justice.

I find that there is something seriously wrong in this case. Some of these 29, some must have been wrongly implicated by relatives for reasons best known to them.

2) High Court has not done its duty as a First Appellate Court.

It has not examined evidence carefully against each accused.

It just confirmed conviction by saying that in Sec. 149, it is not necessary that each accused must have done something.

3) Then he argued Law.

He said, 149 is in two parts.

A) Accused must be part of an unlawfully assembly

B) Secondly, after this is proved, a Judge has to reach a Subjective conclusion about guilt of each accused.

He said, most courts in India, are not doing their duty by examining second B part of this section.

At this stage, the hearing got adjourned. Judges asked counsel to prepare a chart of each of 29 convicts and evidence found against each of them.

I do not know what happened on next day of hearing in this case as I was too busy with many unimportant work. 

I could not keep track of the case.

But a feeling kept lingering in my mind that the law here needs some more care.

Hence, today I have written this short blog. I hope it will reach to people who matters.

Haresh Raichura
18/11/14



Copyright : Haresh Raichura 2014. All Rights reserved.