Supreme Court Devises 7-Factor Test to Identify Members of Unlawful Assembly, exempt innocent bystanders

The Supreme Court has formulated a 7-Factor Test to determine whether a person present at a crime scene involving a mob can be deemed part of an “unlawful assembly.”

The test was devised keeping in mind that mere presence at the scene does not confirm participation and subsequent conviction.

The Court was dealing with the appeal of 10 individuals who had been convicted under Section 302 and Section 149 of the IPC for being involved in a fight over paddy harvest, which led to two deaths.

Subsequently, all the convicts were acquitted by the Court, which held that the seven parameters were introduced as a matter of caution to safeguard innocent spectators or passive onlookers.

[Zainul v State of Bihar]