BNS Section 190 – Every member of unlawful assembly guilty of offence committed in prosecution of common object
The Indian Penal Code (IPC) Section – 149
Every Member of Unlawful Assembly Guilty of Offence Committed in Prosecution of Common Object
This section of the law holds that every member of an unlawful assembly is guilty of an offense committed by any member of that assembly in the pursuit of the common objective of the group, or if the offense was likely to occur as a consequence of their actions.
Key Points to Understand
| Aspect | Explanation |
|---|---|
| Unlawful Assembly | An assembly of five or more persons gathered for a common illegal purpose, such as committing a crime or causing public disturbance. |
| Common Object | The shared aim or objective of the assembly. This could be a criminal activity, violent action, or any other unlawful purpose. |
| Offense Committed in Prosecution of Common Object | If any member of the assembly commits an offense to further the group’s common goal, all members are deemed guilty, even if they did not directly participate. |
| Knowledge of Likely Offenses | Even if the offense was not the original aim, members who knew or should have known that such an offense was likely to happen can still be held responsible. |
| Joint Liability | All members of the unlawful assembly share liability for the crime committed, even if they didn’t actively participate. |
| Guilt by Association | Simply being present as a member of the unlawful assembly when the crime is committed can make someone guilty. |
Punishment for the Offense
| Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By What Court Triable |
|---|---|---|---|---|
| Every member of unlawful assembly guilty of an offense committed in prosecution of the common object | The same as for the offense committed by any member of the assembly. | According to the offense’s classification | According to the offense’s classification | The court by which the offense is triable |
Explanation of the Law
- Unlawful Assembly:
- A group of five or more individuals becomes unlawful when they come together for a common illegal purpose, such as committing a crime or disturbing public peace.
- Common Object:
- The common object refers to the collective aim of the assembly. This can include actions like committing a robbery, engaging in violence, or any other illegal act.
- Offense Committed in Prosecution of Common Object:
- If any member of the assembly commits an offense in furtherance of the group’s objective, all members are considered responsible for the crime, even if they didn’t actively participate.
- Knowledge of Likely Offenses:
- Members are liable if they knew or could have reasonably anticipated that a crime would occur, even if it wasn’t the initial goal of the assembly. If the crime was a foreseeable consequence, members can still be punished.
- Joint Liability:
- This law establishes joint liability, meaning every member of the unlawful assembly can be punished as if they themselves committed the offense, regardless of their direct involvement.
Why Is This Law Important?
This provision prevents individuals from escaping liability by merely being present in an unlawful assembly. Even if they didn’t actively contribute to the crime, being part of the assembly makes them collectively responsible for any offenses committed in pursuit of the group’s common aim. It highlights the seriousness of being associated with illegal groups, where individual actions lead to collective punishment.
Conclusion
The law ensures that all members of an unlawful assembly are held accountable for any crimes committed to advance the group’s common object. Joint liability applies, meaning the members can be punished for the offense as if they had committed it themselves. The seriousness of this law ensures that individuals cannot avoid responsibility simply by not participating directly in the crime, but being present and part of the group.
