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.
Simplified Explanation
Section 190 of the Bharatiya Nyaya Sanhita (BNS) states that every member of an unlawful assembly is held guilty of an offense that is committed by any member of the assembly if it is done in furtherance of the common object of that assembly or if it is likely to be committed in pursuit of that object. In essence, the law holds all members of an unlawful assembly equally responsible for crimes committed during the assembly, even if they did not directly commit the offense.
Key Provisions
- Offense Committed in Prosecution of the Common Object:
- If any offense is committed by a member of the unlawful assembly while pursuing the common object of that assembly, then every member of the assembly is considered guilty of that offense.
- The key point here is that the offense must be in furtherance of the common object of the assembly.
- Likelihood of the Offense:
- If the offense committed by any member of the assembly is something that the members knew or should have known was likely to happen in furtherance of the common object, all members of the assembly are guilty of the offense.
- This provision is designed to ensure that intentional participation in an unlawful assembly, with knowledge that crimes may be committed, leads to liability for all members.
Explanation and Key Concepts
- Unlawful Assembly:
- As defined in Section 189, an unlawful assembly is one where five or more persons gather with a common criminal objective.
- The common object of the assembly is the purpose or goal that the members aim to achieve, often involving criminal or unlawful acts.
- Common Object:
- This refers to the shared goal or aim of the assembly. For example, the object could be to cause violence, disrupt public order, or resist law enforcement.
- All members of the assembly are assumed to have the same intention or objective in joining the assembly.
- Guilt by Association:
- A key element of this section is the principle of guilt by association. Even if an individual member of the assembly does not directly commit the offense, they can still be held criminally responsible if the offense is committed in pursuit of the common goal of the assembly.
- This applies to offenses that are a likely consequence of the assembly’s purpose, even if the individual did not directly participate in the act.
- Shared Liability:
- The law recognizes that by participating in an unlawful assembly, all members contribute to the dangerousness of the situation, and therefore, all are held accountable for the criminal acts carried out during the assembly.
- This ensures that individuals who support or condone criminal actions through their participation in the assembly are equally responsible.
Purpose and Rationale
- Promoting Accountability:
- The purpose of this section is to promote collective accountability within unlawful assemblies. By holding all members responsible for crimes committed during the assembly, the law aims to deter individuals from participating in such gatherings in the first place.
- Preventing Escalation of Crime:
- The provision ensures that individuals cannot escape liability by simply distancing themselves from the actual commission of the offense. If the crime is in furtherance of the common goal, all participants are considered equally responsible.
- Discouraging Unlawful Gatherings:
- The law discourages the formation of unlawful assemblies by attaching severe consequences for anyone who joins such a group. It ensures that those involved in unlawful gatherings cannot claim ignorance of the likely consequences of their participation.
Punishment
- The punishment for members of an unlawful assembly under Section 190 is generally aligned with the punishment for the offense committed during the assembly.
- If the offense committed is one that carries a specified punishment, then each member of the unlawful assembly can face that same penalty, depending on the nature of their involvement and the offense itself.
Conclusion
Section 190 of the Bharatiya Nyaya Sanhita 2023 ensures that members of an unlawful assembly are held equally accountable for offenses committed in pursuit of the common object of the assembly. This section reinforces the principle that individuals who contribute to the criminal intent or activities of an unlawful assembly cannot escape liability simply because they did not directly commit the offense. By enforcing shared liability, the law seeks to deter participation in unlawful gatherings and maintain public order.
