Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - 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.
Brief Detail
BNS Section 190 establishes that if an offence is committed by a member of an unlawful assembly in furtherance of the assembly's common objective, all members present at the time of the offence are also deemed guilty of that offence. This includes offences that members knew were likely to occur as part of the assembly’s actions.
Question & Answers
Q1: What is the implication of BNS Section 190 for members of an unlawful assembly?
A1: Under BNS Section 190, if an offence is committed by any member of an unlawful assembly to pursue the assembly’s common object, all members of the assembly present at that time are considered guilty of that offence.
Q2: Does BNS Section 190 apply to offences that were not directly committed by a member but were likely to occur?
A2: Yes, BNS Section 190 applies to offences that members of the unlawful assembly knew were likely to be committed in pursuit of the assembly’s common object, even if they were not directly involved in committing the offence.
Example
Example Scenario:
If an unlawful assembly is organized with the intent to protest violently, and during the protest, a member of the assembly commits vandalism, all members present at the scene are considered guilty of the vandalism under BNS Section 190, as it was committed in pursuit of the common objective of the assembly.
Summary
BNS Section 190 ensures that all members of an unlawful assembly are held responsible for any offences committed in furtherance of the assembly’s common objective. This accountability extends to offences that members knew were likely to occur as part of the assembly’s actions.
