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.
Section 190 BNS: Every member of unlawful assembly guilty of offence committed in prosecution of common object
- Corresponding IPC
- Section 149 IPC
Classification of offence
| Section | Cognizable? | Bailable? | Triable by |
|---|---|---|---|
| 190 | Same as the offence it relates to | Same as the offence it relates to | Court that tries the related offence |
As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bare Act text
Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Every member of an unlawful assembly at the time of an offence is guilty of it if committed in pursuance of the common object, or if members knew it was likely to be committed. Creates constructive liability.
Chapter XI: Of Offences Against The Public Tranquillity
- 189 Unlawful assembly
- 190 Every member of unlawful assembly guilty of offence committed in prosecution of common object
- 191 Rioting
- 192 Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed
- 193 Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place
- 194 Affray
- 195 Assaulting or obstructing public servant when suppressing riot, etc
- 196 Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
- 197 Imputations, assertions prejudicial to national integration