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What does section 190 of the Bharatiya Nyaya Sanhita, 2023 do when a member of an unlawful assembly…

Section 190 of the Bharatiya Nyaya Sanhita, 2023 fixes liability on each person who was a member of the unlawful assembly when the offence was committed. It applies if the…

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What does section 190 of the Bharatiya Nyaya Sanhita, 2023 do when a member of an unlawful assembly commits an offence in prosecution of its common object?

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Answer and explanation

Correct answer A

Section 190 of the Bharatiya Nyaya Sanhita, 2023 fixes liability on each person who was a member of the unlawful assembly when the offence was committed.

It applies if the offence furthered the common object or if the assembly members knew that it was likely to be committed in prosecution of that object.

Option feedback

Option A

The section makes each person who is a member at the time guilty of the qualifying offence.

Option B

A qualifying member may be liable without personally carrying out the offence.

Option C

Membership must exist at the time the offence is committed.

Option D

The section requires membership. It does not presume membership from presence nearby.

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