Less than five persons may be charged for unlawful assembly if some accused are not identified, named: Supreme Court

However, the Court made it clear that if more than 5 are chargesheeted and face trial and some of them are acquitted, then the remaining cannot be convicted for offence under Section 149 if their number is less than 5.
Justices Ajay Rastogi, Abhay S Oka and Supreme Court
Justices Ajay Rastogi, Abhay S Oka and Supreme Court

Less than five persons may be charged under Section 149 of the Indian Penal (IPC) for offence committed as part of unlawful assembly if the unlawful assembly had more than five persons but some of them are not identified and named [Mahendra vs State of MP].

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