Section 190 BNS: Every Member of Unlawful Assembly Guilty of Offence Committed in Prosecution of Common Object
Section 190 of the Bharatiya Nyaya Sanhita, 2023 creates common-object liability for members of an unlawful assembly. Where one member commits an offence in prosecution of the common object, or an offence which the members knew to be likely in prosecution of that object, every person who was a member of the same unlawful assembly at that time is guilty of that offence.
Bare Act Text of Section 190 BNS
190. 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.
Meaning and Legal Effect of Section 190
Section 190 does not define a separate substantive offence with a fixed punishment of its own. Instead, it attributes the offence committed by one member of an unlawful assembly to every other member who satisfies the statutory conditions.
The provision therefore operates together with Section 189 BNS, which defines an unlawful assembly and its common object. Once the requirements of Section 190 are met, each member is treated as guilty of the underlying offence even if that member did not personally perform the act constituting that offence.
Essential Ingredients of Section 190 BNS
For liability under Section 190 to arise, the following elements should be established:
- There is an unlawful assembly within the meaning of Section 189 BNS.
- An offence is committed by a member of that unlawful assembly.
- The offence is committed in prosecution of the common object of the assembly; or the members knew that such offence was likely to be committed in prosecution of that object.
- The person sought to be held liable was a member of the same unlawful assembly at the time the offence was committed.
What Is Meant by "Common Object"?
The common object is the shared object that makes the assembly unlawful under Section 189(1). Section 189 requires an assembly of five or more persons whose common object falls within one of the statutory categories, such as resisting execution of law, committing an offence, obtaining property by criminal force, or compelling a person by criminal force.
For the first limb of Section 190, the underlying offence must be committed in prosecution of that common object. This links the offence to the purpose for which the unlawful assembly exists.
Offence Known to Be Likely
Section 190 also covers an offence which may not itself be the direct common object, but which the members of the assembly knew to be likely to be committed in prosecution of that object. This is an alternative statutory basis of liability.
The required knowledge concerns the likelihood of the offence in prosecution of the common object. Whether such knowledge existed depends on the circumstances, conduct of the assembly, nature of weapons or preparation, statements, sequence of events and other evidence in the particular case.
Membership at the Time of the Offence
The statutory text expressly requires that the person be a member of the same unlawful assembly at the time the offence is committed. Membership is therefore not assessed in the abstract; the relevant point is the person's status when the underlying offence occurs.
Section 189(2) states that a person who, being aware of facts that render an assembly unlawful, intentionally joins or continues in it is a member of an unlawful assembly.
Punishment, Cognizability, Bail and Trial Court
Section 190 does not prescribe a separate fixed sentence. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, all procedural consequences follow the underlying offence.
| Issue | Section 190 BNS position |
|---|---|
| Punishment | The same as for the underlying offence. |
| Cognizability | Cognizable or non-cognizable according to the underlying offence. |
| Bail | Bailable or non-bailable according to the underlying offence. |
| Trial court | The court by which the underlying offence is triable. |
This means, for example, that where Section 190 is applied with a non-bailable underlying offence, the resulting Section 190 liability is also non-bailable. If the underlying offence is bailable, the Section 190 classification follows that offence.
Corresponding Provision Under the Indian Penal Code
Section 190 BNS substantially corresponds to Section 149 of the Indian Penal Code, 1860, which was titled "Every member of unlawful assembly guilty of offence committed in prosecution of common object".
The BNS retains the central structure of that common-object rule: an offence committed in prosecution of the common object, or one known by members to be likely in prosecution of that object, may result in liability for every member of the unlawful assembly present at the relevant time.
Related BNS Provisions
Frequently Asked Questions
Does every member have to personally commit the offence?
No. Section 190 can make every member of the unlawful assembly guilty of the offence if the statutory common-object or known-likelihood requirement is satisfied and the person was a member at the time of the offence.
Does Section 190 have a separate punishment?
No. The punishment is the same as for the underlying offence to which Section 190 is applied.
Is Section 190 BNS bailable?
There is no single bail classification. It is bailable if the underlying offence is bailable and non-bailable if the underlying offence is non-bailable.
Is Section 190 always cognizable?
No. The BNSS First Schedule states that it is cognizable or non-cognizable according to the underlying offence.
Which IPC provision corresponds to Section 190 BNS?
The substantially corresponding provision was Section 149 of the Indian Penal Code, 1860.
Legal information note: This page provides general statutory information. Application of Section 190 depends on proof of an unlawful assembly, its common object, the underlying offence, the person's membership at the relevant time, and the facts and evidence of the particular case.