The provision that every member of an unlawful assembly is guilty of an offence committed in…

Under Section 190 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 149 of the Indian Penal Code, 1860), if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who at the time of the committing of that offence is a member of the same assembly is guilty of that offence. Section 189(1) of the BNS (formerly Section 141 IPC) defines an unlawful assembly of five or more persons and lists its five unlawful common objects, whereas Section 190 imposes constructive criminal liability on every member for offences committed in prosecution of that common object. Section 3(5) of the BNS (formerly Section 34 IPC) deals with acts done by several persons in furtherance of common intention, and Section 38 of the BNS (formerly Section 100 IPC) sets out when the right of private defence of the body extends to causing death.