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When section 190 of the Bharatiya Nyaya Sanhita, 2023 applies to an offence committed by a member of an…

Section 190 applies when a member commits an offence in prosecution of the common object or an offence the members knew was likely to be committed in prosecution of that…

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When section 190 of the Bharatiya Nyaya Sanhita, 2023 applies to an offence committed by a member of an unlawful assembly, what must be established about another person for liability under that section?

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Answer and explanation

Correct answer B

Section 190 applies when a member commits an offence in prosecution of the common object or an offence the members knew was likely to be committed in prosecution of that object. Each person who was a member at the time is guilty of that offence. Personal commission by every member is unnecessary.

Option feedback

Option A

Section 190 can make another member liable without that member personally committing the offence.

Option B

Membership at the time of the qualifying offence is required.

Option C

The section requires membership at the time of the offence.

Option D

Witnessing an offence does not by itself make someone a member of the assembly.

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