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A member of an unlawful assembly commits an offence in pursuit of the assembly's common object. Under…

Section 190 makes each person who was a member of the unlawful assembly at the time guilty of the offence committed in pursuit of its common object. It also covers an…

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A member of an unlawful assembly commits an offence in pursuit of the assembly's common object. Under section 190 of the Bharatiya Nyaya Sanhita, 2023, who is guilty of that offence?

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Answer and explanation

Correct answer A

Section 190 makes each person who was a member of the unlawful assembly at the time guilty of the offence committed in pursuit of its common object.

It also covers an offence members knew was likely to be committed in pursuit of that object. Membership at the time is required in either case.

Option feedback

Option A

Section 190 attaches guilt to membership at the time when the offence in pursuit of the common object was committed.

Option B

Individual commission of the act is not required when section 190's membership and common-object conditions are met.

Option C

A later joiner was not a member when the offence occurred.

Option D

Proximity without membership does not satisfy section 190.

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