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A member of an unlawful assembly uses violence in pursuit of the assembly’s common object. Under the…

Section 191(1) makes every member of the unlawful assembly guilty of rioting when the assembly or any member uses force or violence in pursuit of its common object.

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A member of an unlawful assembly uses violence in pursuit of the assembly’s common object. Under the Bharatiya Nyaya Sanhita, 2023, which offence does that use of violence establish against every member of the assembly?

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Correct answer C

Section 191(1) makes every member of the unlawful assembly guilty of rioting when the assembly or any member uses force or violence in pursuit of its common object.

Option feedback

Option A

Affray requires fighting by at least two people in a public place that disturbs public peace. Those facts are not stated.

Option B

Section 130 defines assault through a gesture or preparation likely or intended to create apprehension of imminent criminal force. The described basis for assembly-wide liability is section 191(1).

Option C

The use of violence by a member to pursue the unlawful assembly’s common object triggers section 191(1) for every member.

Option D

Membership is the pre-existing basis for applying the rioting rule. The use of violence in pursuit of the common object is the additional element asked about.

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