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Introduction of 190 BNS

190 BNS focuses on the liability of every member of an unlawful assembly for any offence committed by the group. If a crime is carried out as part of the common objective of the assembly, or if the members knew such a crime would likely occur, all members of the assembly are equally responsible for that offence, even if they did not directly commit it.


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.


190 BNS, which holds group members accountable for crimes committed during illegal activities.
190 BNS states that if you are part of a group of five or more engaged in illegal activities, you can be punished for crimes committed by any member of the group.

BNS 190 in Simple Points

  1. Common Responsibility in an Unlawful Assembly: If a crime is committed by any member of an unlawful assembly in line with the group’s purpose, every member present is held responsible. This means that even those who didn’t directly participate in the crime are guilty if they were part of the assembly.
  2. Knowledge of Likelihood of Offence: Even if a specific offence wasn’t planned, but was something the group knew could happen, all members are still liable. If it’s foreseeable that a crime might occur while pursuing the group’s objective, every member is held accountable.
  3. Liability Applies to All Members: The law doesn’t just focus on the person committing the crime. Anyone present in the unlawful assembly at the time of the offence shares the guilt. This applies even if the person did not actively participate in the crime but was part of the assembly with a common objective.
  4. Punishment Mirrors the Offence: The punishment for all members of the unlawful assembly will be the same as that for the offence committed. This means the penalties could be severe, depending on the crime carried out.
  5. Bailable and Cognizable Depends on the Offence: The classification of the offence (whether it is bailable or non-bailable, cognizable or non-cognizable) depends on the specific crime committed by the assembly. The case will be handled according to the rules for the specific offence, and the trial will occur in the court with the authority to handle such offences.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. Imprisonment: The punishment for members of an unlawful assembly can involve imprisonment, which will match the severity of the offence committed during the assembly.
  2. Fine: In addition to or instead of imprisonment, fines may also be imposed, depending on the nature of the offence.

190 BNS Punishment - Imprisonment and Fines
BNS 190 Punishment, including imprisonment and fines for unlawful assembly.

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.


Bharatiya Nyaya Sanhita Section 190

SectionDescription
BNS Section 190Liability of every member of an unlawful assembly for offences committed in pursuit of the group’s common objective.
OffenceAll members of the unlawful assembly are guilty of the offence committed, whether or not they directly participated in it.
CognizabilityAccording to the nature of the offence committed (cognizable or non-cognizable).
BailabilityDepends on the offence—could be bailable or non-bailable.
Trial CourtThe trial will be held in the court that has jurisdiction over the offence committed by the unlawful assembly.
PunishmentSame as the punishment for the specific offence committed during the assembly, which may include imprisonment and/or fines.
Bharatiya Nyaya Sanhita Section 190

BNS Section 190 FAQs

What is an unlawful assembly under BNS Section 190?

Who is responsible for an offence committed in an unlawful assembly?

What is the punishment under BNS Section 190?

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?

Can a person be punished if they didn’t commit the crime themselves?


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