Every member of unlawful assembly guilty of offence committed in prosecution of common object
What this section does
This section establishes the principle of constructive liability for members of an unlawful assembly: every member present at the time an offence is committed by any member in prosecution of the common object, or an offence the members knew was likely to be committed, is equally guilty of that offence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Ingredients (what prosecution must prove)
- An offence was committed by a member of an unlawful assembly
- The offence was committed in prosecution of the common object of the assembly, or was of a type the members knew was likely to be committed in prosecution of that object
- The accused was a member of the same assembly at the time the offence was committed
Practitioner note
This is a rule of constructive/vicarious criminal liability. It does not itself prescribe a separate punishment — the accused is guilty of the substantive offence committed by the active member. Prosecution must establish both membership and knowledge or common object.
Derived from IPC s.149.
Read the official text
For the binding statutory text of BNS Section 190, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 190 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.