5191. An assembly is unlawful if–
A. The common object of the persons composes that assembly is unlawful.
B. It consisted of five or person.
C. Both (a) and (b).
D. One of these.
✅ The correct answer is option C.
UPSC
5192. Point out incorrect response. An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is :
A. By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
B. By means of criminal force or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
C. To overawe by criminal force, or show of criminal force the union judiciary or the judiciary of the state, or any public servant in the exercise of the lawful power of such public servant.
D. To overawe by criminal force, or show of criminal force the parliament or the legislature of any state or the central or any State Government.
✅ The correct answer is option C.
5193. Give incorrect response. The following are the essentials of an unlawful assembly:
A. The object of the assembly must be to resist the execution of any law or of any legal process.
B. There must be more than five persons to constitute an unlawful assembly.
C. The object of the assembly must be to commit any mischief or criminal trespass or, other offence.
D. The object of the assembly may be to overawe by criminal force, or show of criminal force the Central or any State Government.
✅ The correct answer is option B.
5194. In the above said question the remaining four persons :
A. Cannot be convicted under Sec. 302/149 IPC.
B. Can be convicted under Sec. 302 only.
C. Cannot be convicted under Sec. 302/32 IPC.
D. Can be convicted under Sec. 302/32 IPC.
✅ The correct answer is option A.
5195. Six persons were charged under Sec. 302/ 149 IPC — two were acquitted, the remaining four cannot be convicted under :
A. Sec. 302.
B. Sec. 149.
C. Both (a) and (b).
D. None of the above.
✅ The correct answer is option B.
5196. “In prosecution of common object” — this phrase does mean :
A. During the prosecution of the common object of unlawful assembly.
B. The offence committed was immediately unlawful assembly.
C. Both (a) and (b).
D. None of the above.
✅ The correct answer is option A.
5197. To apply Sec. 149 there must be at least :
A. Fifteen persons.
B. Ten persons.
C. Five persons.
D. None of the above.
✅ The correct answer is option C.
5198. Sec. 149 speaks of :
A. Common object.
B. Common intention.
C. Both (a) and (b).
D. None of the above.
✅ The correct answer is option A.
5199. Under Sec. 149 if any offence is done by any member of unlawful assembly in furtherance of common object :
A. All the member of unlawful assembly only that member is liable for the offence who commit the offence.
B. Only that member is liable for that offence.
C. All of them will be guilty of that offence.
D. None of the above.
✅ The correct answer is option C.
5200. Sec. 149 has the following essentials:
A. Such offence must have been committed in prosecution of the common object of the assembly.
B. Commission of an offence by any member of an unlawful assembly.
C. Both (a) and (b).
D. None of the above.
✅ The correct answer is option C.