Section 190 BNS: Liability of Unlawful Assembly Members for Common Offense

The Bharatiya Nyaya Sanhita (BNS) 2023 replaces the colonial-era Indian Penal Code with a more modern and contextually relevant legal structure. One of the key provisions of this new code is Section 190 BNS, which pertains to offenses committed by members of an unlawful assembly. This section reinforces the legal doctrine of collective responsibility, wherein all members of an unlawful assembly are held liable if an offense is committed in furtherance of the group’s common object.

Section 190 of the Bharatiya Nyaya Sanhita (BNS) addresses the liability of members of an unlawful assembly for offenses committed in the pursuit of their common objective. It specifies that if a member of an unlawful assembly commits an offense, or if an offense is likely to be committed in furtherance of the assembly's common goal, all members of that assembly are deemed guilty of that same offense.This article explores the law’s interpretation, scope, punishment, court jurisdiction, and how it compares to the IPC. Explore other important Judiciary Notes.

Section 190 BNS : 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 190 BNS establishes that if one member of an unlawful assembly commits an offense while pursuing the group's shared goal all other members present are legally accountable . This applies not only when the offense is intentional but also when it’s something the group members could have reasonably anticipated . Key aspects of Section 190 BNS :

• Unlawful Assembly: Applies as defined under Section 189 BNS, which includes five or more persons with a shared unlawful objective.
   
• Common Object: Refers to the mutual purpose or goal the group intends to achieve.
   
• Liability: All members are held accountable for any offense committed in furtherance of that shared objective.

Example :
If a member of an unlawful assembly that is protesting vandalizes public property all members of that assembly would be held liable for the vandalism .

Purpose :
This section aims to deter individuals from participating in groups with illegal aims and to enforce accountability for group misconduct.

Under Section 190 BNS, it is irrelevant whether each member physically took part in the act—presence and shared intent are enough.

Section 190 BNS : Essential Elements 

To charge someone under Section 190 of BNS, the following conditions must be proven:

• Formation of an Unlawful Assembly – As per Section 189 BNS, consisting of five or more persons.
• Common Object – The offense was committed to pursue a shared unlawful goal.
• Commission or Likelihood of Offense – An offense was committed or was foreseeable by the members.
• Membership at the Time – The person was part of the assembly when the offense occurred.

If these elements exist, the liability of each member is automatic, even if they didn't physically commit the offense. This builds accountability and helps curb collective criminal behavior.

Section 190 BNS : Nature and Scope 

The nature and scope of section 190 of Bharatiya Nyaya Sanhita, 2023 is explained as under,it includes-

Nature :

• Cognizable: Police can arrest without a warrant.
• Non-bailable: Bail is not a right and depends on the court’s discretion.
• 190 BNS triable by which court? It is triable by the court that handles the principal offense committed.

Scope:

This law applies across all contexts—political protests, riots, religious processions—anywhere unlawful assemblies form with a common object. By ensuring section 190 BNS punishment extends to all members, the provision acts as a legal deterrent.

Participation in such assemblies becomes legally dangerous, even for passive or non-violent members. Hence, section 190 of BNS bailable or non bailable status being “non-bailable” is justified, as it emphasizes seriousness.

Before BNS, similar conduct was covered under Section 149 Indian Penal Code (IPC). The transition to Section 190 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 190 BNS :Judicial Interpretation 

Courts have consistently upheld the concept of constructive liability in group offenses. Though Section 190 BNS is new, precedents under IPC Section 149 apply.

In State of Rajasthan v. Kailash Chand, the court held that intent is inferred from the group's conduct. Presence + knowledge + common objects are enough.

The Supreme Court in Lalji v. State of U.P. said a member need not participate physically—being part of a group with a common intent suffices.

Judges focus on whether the act aligns with the group’s objective. If yes, then every member present is presumed guilty.Thus, judicial interpretation supports the principle under Section 190 BNS: collective acts create shared guilt.

Section 190 BNS :Landmark Cases 

While Section 190 BNS 2023 is new, courts have ruled similarly under IPC Section 149. Here are five relevant cases:

• Lalji v. State of U.P. – The Supreme Court ruled that even passive presence in an unlawful assembly makes one liable if the group’s objective is unlawful.
• Karsey v. State of Maharashtra – Assault by one member during a protest led to all being held guilty, reinforcing group liability.
• State of Rajasthan v. Kailash Chand – Stressed foreseeability; if an offense could be anticipated, all present members are culpable.
• State of Kerala v. Raneef – Protesters blocked roads and a few turned violent. Court held all liable, highlighting the risk of assembling unlawfully.
• Sheoram v. State of M.P. – A mob attacked property during eviction. Even silent members were convicted under group liability.

Each case reflects how courts interpret collective intent and punish under provisions similar to Section 190 BNS.

Section 190 BNS :Impact 

Section 190 of BNS significantly impacts how group offenses are prosecuted in India. It makes clear that being part of an unlawful group has legal consequences—even without direct involvement in a crime.

This builds deterrence: people are less likely to join or stay in groups that plan unlawful actions. By declaring the offense cognizable and non-bailable, the law gives serious weight to group accountability.

Authorities also benefit. Under Section 190 BNS, the state can prosecute all members of a violent protest or mob without proving individual roles.This strengthens governance, discourages mob behavior, and reinforces accountability. The broader impact includes safer public spaces and stronger legal clarity for mass actions.

Conclusion 

Section 190 BNS represents a modern, firm stance against collective lawlessness. It holds every member of an unlawful assembly accountable for crimes committed in pursuit of the group’s goal.

By defining clear standards for liability, punishment, and trial process, it aligns well with constitutional norms and justice expectations. It also closely mirrors its IPC predecessor while adopting simplified, people-friendly language.

Whether one leads, assists, or silently joins an unlawful mob, the message of Section 190 BNS 2023 is clear: you bear equal responsibility.By being non-bailable, triable by any competent court, and directly targeting group-based offenses, section 190 BNS punishment ensures swift and serious consequences.

As India adapts to BNS, public awareness of collective responsibility—especially under section 190—becomes essential. Coupled with related laws like section 191 BNS, this forms a tight legal net to deter mass offenses.