Introduction of 190 BNS
190 BNS establishes the principle of collective liability in cases of unlawful assembly. When five or more persons gather with a common illegal objective, and any member commits a crime in furtherance of that objective, every member present is equally guilty. This law ensures that individuals cannot escape punishment simply by claiming they did not personally commit the act. It strengthens accountability in mob-related offences and plays a crucial role in maintaining public order and legal discipline.
The Bharatiya Nyaya Sanhita (BNS) Section 190 replaces the old Indian Penal Code (IPC) Section 149.
What is BNS Section 190 ?
BNS Section 190 states that if a member of an unlawful assembly commits an offence while pursuing the assembly’s common objective, then every member of the group will be held accountable for that crime. This law applies to all members who were present during the commission of the offence, regardless of their individual role in it.
Under Section 190 of the bns act 2023
Every member of an unlawful assembly guilty of offence committed in prosecution of common object.
1. Meaning of the Provision
- An unlawful assembly means a group of five or more persons gathered with a common illegal purpose.
- If any member of such an assembly commits a crime to achieve the group’s common objective, all members present are guilty of that offence.
- Even if a particular member did not commit the act, they are liable because they supported or continued to be part of the unlawful assembly.
- Liability also arises if the crime was not specifically planned but was something the group knew was likely to happen in pursuing their objective.
2. Who is Covered?
This section applies to:
- All members of an unlawful assembly present at the time of the offence.
- People who knowingly remain in the assembly even after it becomes unlawful.
- Those who are aware that the crime was likely or foreseeable when pursuing the group’s objective.
- It does not apply to:
- A person who left the assembly before the offence occurred.
- A person forced to stay against their will, with no knowledge or participation.
3. Nature of the Offence
- Collective Liability → All members are treated as if they personally committed the offence.
- Cognizable or Non-Cognizable → Depends on the actual offence committed (e.g., murder, arson, rioting).
- Bailable or Non-Bailable → Depends on the underlying offence. Serious crimes like murder will be non-bailable.
- Triable by Court → The case will be tried by the court which has jurisdiction over the specific offence committed.
- Non-Compoundable → Cannot be settled privately between parties.
4. Examples of BNS Section 190
- Example 1 – Mob Violence:
A group of 20 people gathers to protest. Some members start destroying vehicles. Even those who didn’t damage cars but remained in the group are guilty of mischief under Section 190. - Example 2 – Assault During Rally:
During a rally, one member of an unlawful assembly attacks a police officer. Since the attack furthers the group’s unlawful object of resisting police, all members present are guilty of assault. - Example 3 (Not Guilty Case):
A person leaves the gathering before others set fire to property. Since they were not present during the offence, they are not liable under Section 190.
5. Punishment under BNS Section 190
- Imprisonment → Same punishment as the specific offence committed (e.g., if the offence is murder, punishment will be life imprisonment or death as per law).
- Fine → A fine may also be imposed, depending on the offence.
- Both → In many cases, both imprisonment and fine can be ordered.
6. Importance of BNS Section 190
- Prevents Mob Crimes → Stops people from hiding in groups to commit offences.
- Ensures Accountability → Even passive members are held liable if they supported the unlawful purpose.
- Protects Public Order → Deters people from joining violent mobs that could harm society.
- Closes Legal Loopholes → Ensures that not just the person who commits the act, but also those encouraging or protecting the offender in the group, are punished.
Section 190 BNS Overview
BNS Section 190 means that if you are part of a group of five or more people that is doing something illegal, and someone in that group commits a crime while you are there, you can also be punished for that crime. This law holds everyone in the group responsible for the actions of any member, especially if the crime was expected to happen as part of the group’s activities.
Detailed Explanation of BNS Section 190
BNS Section 190 addresses the liability of members of an unlawful assembly for offences committed during the assembly’s activities. Below are ten key points explaining this section in detail:
- Definition of Unlawful Assembly: An unlawful assembly is defined as a gathering of five or more individuals with a common intention to achieve an objective through illegal means. If any crime is committed while pursuing that objective, all members present are held accountable.
- Collective Responsibility: The core principle of Section 190 is collective responsibility. This means that if any member of the unlawful assembly commits an offence in furtherance of the assembly’s common objective, all members present at that time are guilty of that offence. This principle aims to deter individuals from participating in unlawful gatherings.
- Knowledge of Likelihood of Crime: Members of the assembly can be held accountable not only for crimes they actively participate in but also for those they knew were likely to occur as part of the assembly’s activities. If it’s reasonable to foresee that a crime may happen during the assembly, all members share the blame.
- Nature of Offences: The section applies to any type of crime that might be committed by a member of the assembly. This could range from minor offences to serious crimes, such as vandalism or assault, committed while the group is pursuing its objectives.
- Penalties and Punishment: The punishment for being a member of an unlawful assembly when an offence is committed is the same as for the offence itself. This means that if a serious crime is committed, the punishment could involve significant imprisonment or fines.
- Cognizability and Bail: The cognizability of the offence determines whether the police can arrest without a warrant. The bail status (whether the offence is bailable or non-bailable) will depend on the nature of the specific offence committed during the assembly. If it’s a serious crime, it may be non-bailable.
- Exemptions: Members may not be held liable if they can prove they were not aware of the unlawful nature of the assembly or the likelihood of a crime occurring. However, this exemption is often challenging to demonstrate in practice.
- Court Jurisdiction: Cases under Section 190 are typically tried in the court that has the appropriate jurisdiction over the offence. This could vary based on the severity and nature of the crime committed during the assembly.
- Implications for Public Gatherings: This section serves as a deterrent against engaging in large gatherings that might escalate into unlawful activities. Individuals are encouraged to consider the potential legal consequences of participating in such assemblies.
- Importance of Common Object: The common object is crucial in determining the liability of members. It is the goal or intent behind the assembly that connects the members to the offence. If the offence committed is not related to the common objective, the liability may not extend to all members.
Examples of BNS Section 190
- Example 1 – Protest Gone Wrong: A group of protestors gathers to peacefully demonstrate against a new law. However, a few individuals within the group start vandalizing nearby property. Since the assembly started with a common goal (protesting), but devolved into criminal activity, all members present could potentially be charged under Section 190, as they participated in an unlawful assembly.
- Example 2 – Rioting Incident: During a sports event, a crowd of fans gathers to support their team. Some fans begin to fight with rival supporters, leading to violence and property damage. Even fans who did not engage in the fighting but were present in the crowd could be held liable under Section 190 if the assembly was deemed unlawful and the violence was connected to the common objective of supporting their team.
BNS 190 Punishment
- Imprisonment: The punishment for members of an unlawful assembly can involve imprisonment, which will match the severity of the offence committed during the assembly.
- Fine: In addition to or instead of imprisonment, fines may also be imposed, depending on the nature of the offence.
BNS 190 bailable or not ?
The bail eligibility under Section 190 depends on the specific offence committed by the unlawful assembly. If the offence is bailable, members may apply for bail, and if it is non-bailable, bail is not guaranteed and will depend on the court’s discretion.
Comparison Table – BNS 190 vs IPC 149
| Aspect | BNS Section 190 | IPC Section 149 |
|---|---|---|
| Definition | Every member of an unlawful assembly is guilty of offences committed in pursuit of the common object. | Same principle—every member of an unlawful assembly is liable for offences committed by the group in furtherance of its common object. |
| Number of Persons | Requires 5 or more persons. | Also requires 5 or more persons. |
| Scope | Covers offences committed in direct pursuance of the common object or those likely to be committed. | Similar scope—liability applies to foreseeable offences committed in furtherance of the assembly’s purpose. |
| Punishment | Same punishment as the offence actually committed (e.g., theft, assault, murder). | Same punishment as the offence committed by the group. |
| Objective | Ensures accountability in unlawful assemblies under the new BNS framework. | Earlier framework under IPC, now replaced by BNS for clarity and modernization. |
BNS Section 190 FAQs
What is an unlawful assembly under BNS Section 190?
An unlawful assembly refers to a group of five or more people gathered with a shared criminal purpose. If any crime is committed in line with that purpose, all members are liable.
Who is responsible for an offence committed in an unlawful assembly?
Every member present at the time of the offence is responsible, even if they didn’t directly commit the crime, as long as the offence was part of the assembly’s common objective.
What is the punishment under BNS Section 190?
The punishment for all members of the unlawful assembly is the same as the punishment for the offence committed during the assembly, which could include imprisonment and fines.
Is Section 190 bailable?
Whether Section 190 is bailable or not depends on the offence committed by the unlawful assembly. It could be either bailable or non-bailable based on the nature of the crime.
What is a cognizable offence under Section 190?
A cognizable offence means that the police can arrest the members of the unlawful assembly without a warrant. Whether the offence is cognizable or non-cognizable depends on the specific crime committed.
Can a person be punished if they didn’t commit the crime themselves?
Yes, even if a person didn’t directly commit the offence, they are still guilty if they were a member of the unlawful assembly at the time the crime was committed in pursuit of the group’s objective.
Conclusion
BNS Section 190 enforces the legal principle of joint liability for group wrongdoing: when an unlawful assembly pursues a common object and an offence is committed in that pursuit, every member present may be held guilty of the offence. The provision protects public order by ensuring that participation in harmful group conduct carries real legal consequences — even for members who did not personally carry out the criminal act.
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