Section 190: Every member of unlawful assembly guilty of offence committed in prosecution of common object

Overview

Section 190 of the Bhartiya Nyaya Sanhita (BNS) 2023 deals with a situation where a group of people come together for an illegal purpose – what the law calls an ‘unlawful assembly’. This section says that if someone in that group commits a crime to further the goals of the group, everyone present at the time can be held responsible for that crime, even if they didn't directly participate in it. It’s about shared responsibility within an unlawful gathering.

Key Ingredients of the Offence

• Mental element (mens rea): The offence must be committed to further the ‘common object’ of the unlawful assembly. Alternatively, the offence must be such that it was known to be a likely consequence of pursuing the common object. Simply being present isn’t enough; there needs to be a connection to the group’s purpose.
• Physical act (actus reus): An offence must actually be committed by a member of the unlawful assembly.
• Specific circumstances/conditions: There must be an ‘unlawful assembly’ – a group of five or more people gathered with a common illegal purpose. All members must be present when the offence is committed.

Punishment under BNS

The BNS does not explicitly state a separate punishment for this vicarious liability under Section 190. Instead, those held responsible under this section will be punished for the actual offence committed, as if they themselves had directly committed it. The punishment will depend on the specific crime that was committed by a member of the assembly.

Important Explanations / Provisos

The section focuses on the idea of a ‘common object’. This means the shared goal that brought the assembly together. It doesn’t matter if every member actively intended the specific crime to happen, as long as it was done to achieve the group’s overall illegal aim, or was a foreseeable result of that aim.

Illustrations and Practical Examples

• Example 1: A group of five or more people unlawfully assemble to protest and demand the closure of a factory. During the protest, one member of the group throws a stone at the factory, causing damage. Under Section 190, all members present at the time can be held responsible for the damage to property, even if they didn’t throw the stone themselves.
• Example 2: A group gathers to plan a robbery (an unlawful assembly). While discussing the plan, one member pulls out a knife and threatens another member to ensure their cooperation. Even if the robbery doesn’t happen, the threat of violence is an offence, and all present could be held liable for it under Section 190.

Difference from Old IPC Provision (if applicable)

This section largely mirrors Section 149 of the Indian Penal Code (IPC). The BNS maintains the principle of vicarious liability for members of unlawful assemblies. There are no significant changes in the core principle.

Nature and Procedure of Offence

• Whether the offence is cognizable or non-cognizable: This is not explicitly specified in the BNS. It will likely depend on the nature of the underlying offence committed.
• Whether the offence is bailable or non-bailable: This is not explicitly specified in the BNS. It will likely depend on the nature of the underlying offence committed.
• Which court is generally competent to try the case: The court competent to try the case will be determined by the nature of the underlying offence.

Key Takeaways

Section 190 highlights the serious consequences of participating in unlawful assemblies. Even if you don’t directly commit a crime, you can be held responsible if it’s done to further the group’s illegal purpose. This section emphasizes the importance of avoiding involvement in any gathering with an unlawful objective.