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Under the knowledge limb of section 190 of the Bharatiya Nyaya Sanhita, 2023, a member of an unlawful…

Section 190 has two alternatives: an offence in prosecution of the common object, or one the members knew was likely in prosecution of that object. The knowledge limb does…

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Under the knowledge limb of section 190 of the Bharatiya Nyaya Sanhita, 2023, a member of an unlawful assembly commits an offence. Assuming another person is a member when it occurs, what connects that person to liability under this limb?

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Answer and explanation

Correct answer B

Section 190 has two alternatives: an offence in prosecution of the common object, or one the members knew was likely in prosecution of that object. The knowledge limb does not require personal commission or a separate overt act by every member. Membership at the relevant time and the statutory connection remain necessary.

Option feedback

Option A

Personal performance is unnecessary under the statutory membership/knowledge rule.

Option B

This is the express knowledge connection in section 190’s second limb.

Option C

Every member need not use a weapon.

Option D

No written agreement is required.

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