At the charge stage, the evidence supports allegations of unlawful-assembly membership, rioting and…
The direct membership and rioting provisions are sections 189(2) and 191(2)–(3). Section 190 supports liability for the grievous hurt allegedly inflicted by another member…
Choose your answer
At the charge stage, the evidence supports allegations of unlawful-assembly membership, rioting and armed rioting based on the accused’s own conduct. Another member allegedly caused grievous hurt with a dangerous weapon in prosecution of the assembly’s common object. If these offences from the same transaction are charged, which formulation correctly distinguishes direct and common-object liability under the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer C
The direct membership and rioting provisions are sections 189(2) and 191(2)–(3). Section 190 supports liability for the grievous hurt allegedly inflicted by another member in prosecution of the common object, so the charge under section 118(2) is read with section 190.
Sections 241 and 243 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allow separate charges for distinct offences to be tried at one trial when they arise in the same transaction.
Option feedback
Option A
Section 190 supplies a basis for imputing the other member’s grievous hurt. The first three allegations are already supported as direct offences on the stated facts.
Option B
The facts directly allege that the accused was armed while rioting. Section 190 is needed for the alleged grievous hurt by the other member.
Option C
The alleged direct offences rest on the accused’s own conduct. Section 190 links the other member’s alleged grievous hurt to the accused through the shared common object.
Option D
The membership allegation is direct and does not require an additional section 190 basis.
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