Section 149 IPC: Every member of unlawful assembly guilty of offence committed in prosecution of common object

Indian Penal Code, 1860

Section 149 IPC at a Glance

Section 149 IPC 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; from 1 July 2024 it is replaced by Section 190 BNS.

Punishment

The same as for the offence committed. Section 149 IPC 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 ⓘ
BNS Equivalent

Section 190 →

Section 149 IPC Bare Act Text

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.

Source: Section 149, Indian Penal Code, 1860

Section 149 IPC in Simple Words

Section 149 of the Indian Penal Code (IPC) establishes constructive liability for members of an unlawful assembly. If an offence is committed by any member in prosecution of the common object, or is such as the members knew to be likely to be committed in prosecution of that object, every person who is a member of the assembly at the time of the committing of the offence is guilty of that offence.

The section creates no separate penalty, and each member is punished as for the substantive offence committed. Cognizance, bail, trial court and compounding follow the offence committed.

Ingredients of Section 149 IPC

  • The existence of an unlawful assembly of five or more persons with a common object
  • Commission of a substantive offence by any member of that assembly
  • 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
  • The accused was a member of the same assembly at the time the offence was committed

Punishment Under Section 149 IPC

Imprisonment

The same as for the offence committed. Section 149 IPC 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 149 IPC 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 149 IPC

In 2016 in Dhanbad, Deepak and four associates gathered at a coal yard with the common object of destroying a rival trader's weighing bridge by mischief, forming an unlawful assembly under Section 141 IPC. All five knew that the night clerk lived inside the cabin and that hurt was likely to be caused in prosecuting their object. While all five were members of the assembly, Deepak smashed the weighing bridge in prosecution of the common object and struck the clerk, causing hurt. Even though the other four struck no blow, every member of the assembly is guilty of both offences under Section 149 IPC.

When Section 149 IPC Does Not Apply

  • Section 149 IPC does not apply when fewer than five persons are involved or the group lacks an unlawful common object under Section 141 IPC.
  • Section 149 IPC does not apply when the offence committed by a member was neither in prosecution of the assembly's common object nor known by the members to be likely in prosecuting that object.
  • Section 149 IPC does not apply to a person who had already left the unlawful assembly or had not yet joined it at the time the offence was committed.
  • Section 149 IPC does not apply to a passive onlooker who never intentionally joined the unlawful assembly or shared its common object.

Section 149 IPC in the BNS

Section 149 IPC is now covered under Section 190 BNS.

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 detailed comparison (IPC 149 vs BNS 190) →

FAQs on Section 149 IPC

What does Section 149 IPC say?▼

Section 149 IPC provides that 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.

Does Section 149 IPC fix a punishment of its own?▼

No. It makes every member of the assembly guilty of the offence committed, and each member is punished under the section that punishes that offence.

What must be proven to hold a person liable under Section 149 IPC?▼

The prosecution must prove that the accused was a member of an unlawful assembly of five or more persons at the time the offence was committed, and that the offence was committed in prosecution of the common object or was known to be likely to be committed in prosecution of that object.

Must each member perform an overt act to be liable under Section 149 IPC?▼

No. Mere membership of the unlawful assembly at the time the offence is committed suffices, provided the offence was committed in prosecution of the common object or was known to be likely in prosecuting that object.

Is an offence charged under Section 149 IPC bailable?▼

Under the First Schedule to the CrPC, bail status is conditional and follows the substantive offence committed by the member of the assembly.

Is an offence charged under Section 149 IPC cognizable?▼

Under the First Schedule to the CrPC, cognizance is conditional and is determined according as the substantive offence committed is cognizable or non-cognizable.

Which court tries an offence charged under Section 149 IPC?▼

Under the First Schedule to the CrPC, the trial forum is the court by which the substantive offence committed is triable.

Can an offence charged with the aid of Section 149 IPC be compounded?▼

Under Section 320(3) CrPC, where the substantive offence committed is compoundable, it may be compounded in like manner against an accused liable under Section 149 IPC. Otherwise it cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 149 IPC?▼

Section 190 BNS corresponds to Section 149 IPC, retaining the identical statutory text in Chapter XI, Of Offences against the Public Tranquillity.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·