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

Bharatiya Nyaya Sanhita, 2023

Section 190 BNS at a Glance

Section 190 BNS deals with every member of unlawful assembly guilty of offence committed in prosecution of common object. It is triable by The Court by which the offence is triable; it replaced Section 149 IPC on 1 July 2024.

Punishment

The same as for the offence committed. Section 190 BNS makes each member of the assembly guilty of that substantive offence.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ The Court by which the offence is triable ⓘ
IPC Equivalent

Section 149 →

Section 190 BNS Bare Act Text

190. 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.

Source: Section 190, Bharatiya Nyaya Sanhita, 2023

Section 190 BNS in Simple Words

Section 190 BNS of the Bharatiya Nyaya Sanhita (BNS) fixes group liability. If an unlawful assembly has a common object, every member can be held responsible for an offence committed by any member, so long as that offence was committed in prosecution of that common object, or the members knew it was likely to be committed. The law does not wait for proof that each person personally did the act.

Membership of the unlawful assembly, along with the shared object, can be enough. This section matters most in riot, protest, and mob violence cases. Prosecutors often use it to link all active members of the group to the main offence.

For the defence, the key issue is usually whether the person was truly a member of the assembly and whether the act was really connected to the common object. Mere presence is not always enough, but active participation is not the only test either. The section makes collective criminal action easier to punish, especially where individual roles are hard to separate.

Ingredients of Section 190 BNS

  • Being a member of an unlawful assembly as defined under Section 189(1) BNS
  • Commission of an offence by any member of that assembly
  • 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
  • The accused was a member of the assembly at the time the offence was committed

Punishment Under Section 190 BNS

Imprisonment

The same as for the offence committed. Section 190 BNS makes each member of the assembly guilty of that substantive offence.

Fine

The same as for the offence committed, as an alternative or in addition to imprisonment according to that offence.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ The Court by which the offence is triable ⓘ

The First Schedule and Section 320(3) CrPC classify Section 149 IPC by reference to the offence committed, so cognizance, bail, the trial court and compounding all follow that offence.

  • Cognizable: According as the offence committed is cognizable or non-cognizable
  • Bailable: According as the offence committed is bailable or non-bailable
  • Compoundable: Where the offence committed is compoundable, Section 320(3) CrPC lets it be compounded in like manner against a member liable under Section 149 IPC. Otherwise it cannot be compounded.

Section 190 BNS adds no separate punishment of its own. Every member of the unlawful assembly is punished as for the substantive offence committed in prosecution of the common object or known to be likely in prosecuting it.

Example of Section 190 BNS

Near Meerut, six men armed with iron rods assemble with the common object of forcibly seizing a disputed parcel of farmland from a tenant farmer. While advancing onto the field, one member of the assembly strikes the farmer across the head, causing grievous hurt. Grievous hurt was committed in prosecution of the common object of overcoming resistance by force. Even though the other five members struck no blow, each was a member of the unlawful assembly at the time the offence was committed. Under Section 190 BNS read with Section 117(2) BNS, every member is guilty of voluntarily causing grievous hurt and is liable to the punishment provided by Section 117(2) BNS.

When Section 190 BNS Does Not Apply

  • The gathering comprised fewer than five persons and did not constitute an unlawful assembly
  • The offence committed was outside the common object and was not known to be likely to be committed in its prosecution
  • The accused was not a member of the assembly at the time the offence was committed
  • The accused was an innocent bystander who did not join the unlawful assembly or share its common object

Section 190 BNS in the IPC (Previous Law)

Section 190 BNS replaces Section 149 IPC from the old criminal code.

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.

View IPC Section 149 →

FAQs on Section 190 BNS

Can I be punished under Section 190 BNS if I did not personally commit the offence?▼

Yes, if you were a member of the unlawful assembly and the offence was committed in furtherance of the common object, you can still be held liable. Personal hands-on participation is not always required. The prosecution must still prove your membership and the shared object.

Under Section 190 BNS, is mere presence at the spot enough?▼

Not by itself. Courts usually look for some material showing that the person was part of the assembly and shared its common object. Casual presence, without more, is generally not enough.

Does Section 190 BNS create a separate offence?▼

No. It is a rule that makes every member of the unlawful assembly liable for the act committed in pursuit of the common object. The actual punishment comes from the offence that was committed, such as rioting, murder, or hurt.

How is Section 190 BNS used in riot or mob cases?▼

It allows the police and prosecution to proceed against multiple people where the exact role of each person is difficult to prove. If the group acted with a shared object and an offence followed, this section helps fix liability on the members.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·