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A member of an unlawful assembly commits an offence in pursuit of its common object. For another person…

Section 190 attributes an offence to a person who is a member of the unlawful assembly when another member commits it in pursuit of the common object, or when members knew…

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A member of an unlawful assembly commits an offence in pursuit of its common object. For another person to be liable for that offence under section 190 of the Bharatiya Nyaya Sanhita, 2023, what must be shown about that person?

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Answer and explanation

Correct answer B

Section 190 attributes an offence to a person who is a member of the unlawful assembly when another member commits it in pursuit of the common object, or when members knew it was likely in pursuit of that object. A separate overt act by the person is unnecessary.

Option feedback

Option A

Section 190 does not require personal commission of any part of the offence by every member.

Option B

Membership when the offence is committed suffices when a member commits the offence in pursuit of the common object.

Option C

Section 190 requires membership at the relevant time. A shared intention alone cannot substitute for it.

Option D

Personal participation may support direct liability, but membership is required for liability under section 190.

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