BNS Section 190: Every Member Of Unlawful Assembly Guilty Of Offence Committed In Prosecution Of Common Object
Section 190 falls under Chapter 11 of the Bharatiya Nyay Sanhita (BNS). Chapter 11 covers offences against the public tranquillity. Each section under this chapter deals with different offences related to actions that are intended to affect law and order in the public domain. Section 189 specifically deals with offences committed by members of an unlawful assembly. Let us take a closer look at its provisions.
Definition of BNS Section 190
Section 190 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”
Explanation and Illustration of BNS Section 190
Section 190 deals with offences committed by members of an unlawful assembly. While unlawful assembly itself is an unlawful offence, this section talks about offences other than unlawful assembly committed by members of an unlawful assembly at the time of the gathering. Let us breakdown the definition and look at the keywords:
Offence: This refers to any act that has been deemed as unlawful or criminal under the provisions of the BNS.
Members of an unlawful assembly - This refers to any assembly that falls under the definition of an ‘unlawful assembly’ as defined by the provisions of section 189.
In prosecution of the common object - This clarifies that the offence must be committed in the course of performing the actions for which the unlawful assembly had gathered in the first place. For instance, if the members have gathered to protest something, then the offence should occur during the course of the protest. Offences committed before the gathering or after the dispersal of the unlawful assembly do not fall under the ambit of this section and will be prosecuted as a separate offence under the respective section that provides for such offence.
Members of that assembly knew to be likely to be committed - The section further expands the scope of the offence. It clarifies that it is not just the members who have committed the offence that are guilty under this section. The ones who were aware that the actions of the assembly were likely to lead the commitment of an offence will also be considered guilty in equal measure. This means that the person who knew that an offence would be committed but did not say anything and continued to participate in the unlawful assembly, nevertheless, would also be considered as guilty as the person who actually commits the offence.
Every person who is a member of the unlawful assembly at the time the offence is committed will be treated as an equal offender in the offence.
The tricky part here is keeping in mind that unlawful assembly itself is an offence under section 189. So “offence committed by a member of an unlawful assembly” implies that this section deals with any offence committed by a member of an unlawful assembly over and above to being a member of an unlawful assembly. This means that:
All three categories of persons will be prosecuted for the offence committed under the respective section that provides for such offence in addition to being prosecuted under the provisions of Section 189.
For example, if an unlawful protest is taking place and certain members of this gathering have declared their intention to get violent if their demands are not met, then:
(a) Unlawful assembly under section 189
(b) Rioting under section 324 and
(c) Every other respective section that deals with the violence committed, be it vandalism, endangering life, attacking an officer of the law, etc.
Key Points in BNS 190
This section deals with: Culpability of members of unlawful assembly for crimes committed during the assembly.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 190 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 190 of BNS replaces IPC Section 149. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 190 | Every member of unlawful assembly guilty of offence committed in prosecution of common object. | 149 | No change in provisions for offence. |
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FAQs about Section 190 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 190 of the Bharatiya Nyaya Sanhita (BNS) cover?
Section 190 covers the culpability of members of unlawful assembly for crimes committed during the assembly.
What is meant by a "common object" in the context of an unlawful assembly under Section 190?
A common object is the common purpose or reason for which members of an unlawful assembly have gathered.
What types of offenses can lead to charges under Section 190 for members of an unlawful assembly?
Any action that has been defined as an offence under the BNS can lead to charges under Section 190.
Are all members of an unlawful assembly equally responsible for the crime committed under Section 190?
Yes. If any member of an unlawful assembly commits any offence during such gathering, every member of the assembly will be considered equally culpable in that crime.
Can a person be excused from liability under Section 190 if they did not actively participate in the crime?
No. Section 190 states that all members of an unlawful assembly are equally guilty of any crimes committed by any member of the gathering at the time of having gathered irrespective of their role in the commission of the offence.
What is the punishment for members of an unlawful assembly found guilty under Section 190?
This depends on the offence committed. Whatever the punishment provided for the crime committed under the BNS shall be applicable to all members of the assembly.
