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BNS Section 190

Every member of unlawful assembly guilty of offence committed in prosecution of common object

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.


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Key Points:
Unlawful Assembly:

An unlawful assembly refers to a group of five or more people whose common objective is to commit an unlawful act or conduct themselves in a way that is likely to cause disturbance or harm to the public.
The assembly becomes unlawful when the members share a common illegal goal.

Common Object:
The common object refers to the collective purpose or aim of the unlawful assembly. This can include committing a crime or engaging in violent or illegal activities.
Even if not all members actively participate in the crime, they can still be held liable if the offense aligns with the common object of the assembly.

Offense Committed in Prosecution of Common Object:
If any member of the unlawful assembly commits an offense while pursuing the group’s common object, all members of the assembly are considered guilty of that offense.
The law does not require each member to directly participate in the crime. As long as they were part of the unlawful assembly at the time the offense was committed, they share responsibility.

Knowledge of Likely Offenses:
Even if the offense committed was not the original goal, but the members of the assembly knew or should have known that such an offense was likely to occur, they can still be held liable.
This includes cases where the offense was not planned but was a foreseeable consequence of the group's unlawful intent or actions.

Joint Liability:
This section establishes the principle of joint liability, meaning that every person in the assembly can be held accountable for the actions of others in the group.
Whether a person actively participated or merely stood by, they can still be punished for the offense because they were part of the unlawful assembly.

Guilt by Association:
Being present as a member of the assembly when the offense is committed is enough to establish guilt, even if the person did not actively contribute to the crime.
It highlights the seriousness of being associated with unlawful assemblies, as individual actions may lead to collective punishment.

Punishment:
All members of the unlawful assembly can be punished as if they committed the offense themselves. The punishment will depend on the severity of the offense that was committed in furtherance of the assembly’s common object.


Offence : Every member of unlawful assembly guilty of offence committed in prosecution of common object.


Punishment : The same as for the offence.


Cognizable or Non-cognizable : According as offence is cognizable or non- cognizable.


Bailable or Non-bailable : According as offence is bailable or non-bailable.


By what Court triable : The Court by which the offence is triable.




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


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