The Bharatiya Nyay Sanhita (BNS) 2023 has brought significant changes to India’s criminal justice system. Among its crucial provisions is BNS Section 190: Every member of unlawful assembly guilty of offence committed in prosecution of common object.
This section ensures that individuals involved in an unlawful assembly share liability for any crime committed in furtherance of the group’s intent. Even if a person does not directly commit the crime, they can still be held responsible if they were part of the assembly. Understanding this provision is essential for legal awareness and justice.
Let’s break it down in simple terms, with case laws and examples, to understand its full impact.
BNS Section 190 Every Member of Unlawful Assembly Guilty of Offence Committed in Prosecution of Common Object
Under BNS Section 190: Every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object, the law ensures that when a group gathers for an illegal purpose and commits a crime, all members share liability.
For example, if a mob gathers to attack a person and one member fatally injures them, every participant in the group can be held guilty under this section.
Key Elements of BNS Section 190:
- Unlawful Assembly – A group of people gathered for an illegal act.
- Common Object – The group must have a shared goal, such as violence or destruction.
- Participation – The accused must have been part of the gathering, even if they didn’t commit the act directly.
- Crime Committed – If any crime is committed by the group in pursuit of its objective, all members are held guilty.
This provision prevents individuals from escaping liability by claiming they did not personally commit the offense.
Case Laws Interpreting BNS Section 190
Several landmark cases have shaped the interpretation of BNS Section 190: Every member of unlawful assembly guilty of offence committed in prosecution of common object.
- Queen v. Sabid Ali (1873)
- This early case under British law set the foundation for unlawful assembly liability.
- The court ruled that even silent bystanders in an unlawful assembly could be held responsible.
- Kuldip Yadav v. State of Bihar (2011)
- The Supreme Court clarified that mere presence is not enough for liability.
- It must be proven that the individual shared the common object of the group.
- State of Maharashtra v. Joseph Mingel Koli (2019)
- The court held that crimes committed by a few members of a mob make the entire group liable if they were working towards a common objective.
These cases highlight how courts analyze intent, presence, and participation before applying BNS Section 190.
Short Note
- Purpose: To prevent and punish mass violence.
- Liability: Every member of an unlawful assembly is responsible for crimes committed in pursuit of a common goal.
- Burden of Proof: The prosecution must establish intent and participation.
- Judicial Caution: Courts ensure innocent bystanders are not falsely implicated.
- Impact: Acts as a deterrent against mob crimes.
Implications of BNS Section 190
- Reduces Group Crimes – By holding all members accountable, the law discourages unlawful assemblies.
- Prevents Escape from Justice – Individuals cannot avoid liability by claiming they did not directly commit the crime.
- Challenges in Prosecution – Courts must carefully determine intent and participation.
- Risk of Misuse – Authorities must prevent wrongful accusations of innocent bystanders.
- Stronger Punishments – Since all members share guilt, penalties can be severe.
Disclaimer
This article is for informational purposes only. It does not constitute legal advice. For legal guidance, consult a qualified lawyer.
Conclusion
BNS Section 190: Every member of unlawful assembly guilty of offence committed in prosecution of common object is a powerful legal provision. It ensures accountability for group offenses and deters unlawful gatherings. However, courts must apply it carefully to prevent injustice. Understanding this law is crucial for both legal professionals and citizens to ensure justice and fairness.
