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Which provision of the Bharatiya Nyaya Sanhita, 2023, makes members of an unlawful assembly liable for…

Section 190 makes each person who was a member at the time of the offence guilty when a member commits it in prosecution of the assembly’s common object, or when members…

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Which provision of the Bharatiya Nyaya Sanhita, 2023, makes members of an unlawful assembly liable for an offence committed in prosecution of its common object or known by them to be likely in prosecution of that object?

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Answer and explanation

Correct answer D

Section 190 makes each person who was a member at the time of the offence guilty when a member commits it in prosecution of the assembly’s common object, or when members knew it was likely to be committed in prosecution of that object.

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Option A

Section 3(5) concerns acts done in furtherance of common intention.

Option B

Section 38 concerns when private defence of the body may extend to causing death.

Option C

Section 189(1) defines an unlawful assembly by reference to its common object. Section 190 sets out liability for the offence.

Option D

Section 190 expressly makes a person who was a member at the time liable under the stated conditions.

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