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Under Section 190 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 149 IPC), every member of an unlawful assembly is guilty of an offence committed by any other member of it, if that offence…

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Under Section 190 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 149 IPC), every member of an unlawful assembly is guilty of an offence committed by any other member of it, if that offence was committed
  1. in furtherance of a common intention he shared
  2. in prosecution of the common object of the assembly
  3. with his express consent given beforehand
  4. by the person who convened the assembly

Answer and explanation

Correct answer: B - in prosecution of the common object of the assembly
Section 190 BNS makes every person who is a member of an unlawful assembly at the time guilty of an offence committed by any member "in prosecution of the common object" of that assembly, or of one the members knew was likely to be committed in prosecution of that object. Acting on a shared common intention is the test of joint liability under s. 3(5) BNS (formerly s. 34 IPC), not of s. 190. The section requires neither the member's prior consent to the particular offence nor that the offender be the person who convened the assembly.

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