IPC 149→BNS 190

IPC 149 to BNS 190: Every member of unlawful assembly guilty of offence committed in prosecution of common object

Section 149 IPC (1860) replaced by Section 190 BNS (2023)

View IPC Section 149 →View BNS Section 190 →

IPC 149 to BNS 190 at a Glance

Section 149 IPC (Every member of unlawful assembly guilty of offence committed in prosecution of common object) is now Section 190 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 149 to BNS 190?

Section 149 IPC is replaced by Section 190 BNS with identical statutory text and legal operation. The provision sits in Chapter XI of the Bharatiya Nyaya Sanhita, titled Of Offences against the Public Tranquillity. Every member of an unlawful assembly at the time an offence is committed remains constructively liable for offences committed in prosecution of the common object, or such as the members knew to be likely to be committed in prosecution of that object.

IPC 149 vs BNS 190: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section149190
OffenceEvery member of unlawful assembly guilty of offence committed in prosecution of common objectSame
PunishmentThe same as for the offence committed. Section 149 IPC makes each member of the assembly guilty of that substantive offence.The same as for the offence committed. Section 190 BNS makes each member of the assembly guilty of that substantive offence.
FineThe same as for the offence committed, as an alternative or in addition to imprisonment according to that offence.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByThe Court by which the offence is triableSame

IPC 149 and BNS 190: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 149, IPC 1860

149. 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.
BNS 2023 (in force)

Section 190, BNS 2023

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.

Ingredients: IPC 149 vs BNS 190

Under IPC 149
  1. The existence of an unlawful assembly of five or more persons with a common object
  2. Commission of a substantive offence by any member of that assembly
  3. The offence was committed in prosecution of the common object, or was such as the members knew to be likely to be committed in prosecution of that object
  4. The accused was a member of the same assembly at the time the offence was committed
Under BNS 190
  1. Being a member of an unlawful assembly as defined under Section 189(1) BNS
  2. Commission of an offence by any member of that assembly
  3. The offence was committed in prosecution of the common object of the assembly, or was such as members knew to be likely to be committed in prosecution of that object
  4. The accused was a member of the assembly at the time the offence was committed

What IPC 149 to BNS 190 Means for Pending Cases

For Section 149 IPC (now Section 190 BNS): under Section 190 BNS, the constructive liability of members of an unlawful assembly is retained with identical statutory phrasing and procedural consequences. A charge for an act done after the BNS came into force cites Section 190 BNS alongside the substantive offence committed.

FAQs: IPC 149 to BNS 190

What changed from Section 149 IPC in Section 190 BNS?▼

The statutory wording is identical. Section 190 BNS retains the exact rule of constructive liability from Section 149 IPC without modification of elements or legal effect.

Where does Section 149 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 190 BNS, in Chapter XI, Of Offences against the Public Tranquillity.

Does Section 149 IPC or Section 190 BNS apply to an act done before 1 July 2024?▼

Section 149 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 149 IPC. Section 190 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·