Legal Question in Criminal Law in India

IPC sec 147 148 149 riots.

charged framed u/s 147, 148,149 police has arrested only three persons and mentiond three are not tresable. all the witness are related to complainant. No other proof that thereare 5 or more persons. Can we take defance that sec 147,148,149 can not be applicable?


Asked on 8/04/07, 4:21 am

3 Answers from Attorneys

Re: IPC sec 147 148 149 riots.

No,you cannot and that too only because that other accused are not traceable.You can disprove the case of the complainant during trial only.

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Answered on 8/04/07, 10:21 am
G. M. Gupta gmguptaandassociates

Re: IPC sec 147 148 149 riots.

you can take any defence you want but for advising i need to study the case. vague advice is not safe

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Answered on 8/08/07, 11:39 am
Shrichand Nahar S.V.Nahar, Advocate

Re: IPC sec 147 148 149 riots.

Sections 147, 148, 149 are applicable on if there are 5 persons or more committed an offence in furtherence of their common intention. Therefore, even if out of 6 persons, only 3 are apprehended, still all are liable. Unless evidence disclose that there were never more than 5 persons.

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Answered on 8/05/07, 1:27 am


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