No overt act required to be committed by an accused, only membership of an unlawful assembly enough for conviction under S.149 IPC: SC

The Supreme Court, in an appeal challenging the Madhya Pradesh High Court’s (MPHC) conviction order on the ground that the MPHC has failed to attribute any specific role played by the appellants for conviction under Section 149 IPC, has held that the membership of an unlawful assembly & towards one or more of the common objects are sufficient factors for conviction under Section 149 IPC. Further, it is not necessary that every person constituting an unlawful assembly must play an active role.