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Bharatiya Nyaya Sanhita, 2023 · Chapter XI: Of Offences against the Public Tranquillity

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

Earlier law: IPC section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object)

In plain words

If any member of an unlawful assembly commits an offence to achieve the assembly's common object, or an offence the members knew was likely in pursuing that object, every person who was a member at that time is guilty of that offence.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this section

Section 190 carries forward section 149 of the IPC unchanged. Every member of an unlawful assembly is guilty of an offence committed by any member in prosecution of the common object, or that the members knew was likely to be committed in prosecuting it. It is constructive liability: membership, not participation, is the basis.

Ingredients

  • An unlawful assembly of five or more persons with a common object listed in section 189.
  • An offence committed by a member of that assembly.
  • Committed in prosecution of the common object, or known by the members to be likely in prosecuting it.
  • The accused was a member at the time of the offence.

Keep the two limbs apart

The first limb covers offences directly connected with the common object. The second covers offences the members knew were likely to be committed while pursuing it. If an assembly gathered only to beat someone, a sudden killing by one member may fall outside both limbs unless the others knew death was likely.

Mere presence is not membership

Bystanders and spectators are not members. The prosecution must show that the accused shared the common object, through words, conduct or weapons carried.

Key Supreme Court rulings

  • Zainul v. The State of Bihar 2025 INSC 1192

    Decided under section 149 of the IPC. The two parts of the section must be kept distinct; the offence must be directly connected with the common object, which is inferred from the nature of the assembly, the weapons and the members' conduct.

  • Dhirubhai Bhailalbhai Chauhan v. State of Gujarat 2025 INSC 381

    Mere presence at the scene does not make a person part of an unlawful assembly; presence as a bystander or spectator had not been ruled out.

Common mistakes

  • Applying section 190 when fewer than five members are proved.
  • Convicting spectators on presence alone.

Read with: Section 189 BNS, Section 3 BNS, Section 149 IPC

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 190