Every member of unlawful assembly guilty of offence committed in prosecution of common object
Full Text
190. Every member of unlawful assembly guilty of offence committed in prosecution of common object.
If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
Plain English Summary
Establishes constructive (vicarious) liability, holding every member of an unlawful assembly guilty of any offense committed by any member in prosecution of their common object.
Key Legal Elements
- An offence is committed by a member of an unlawful assembly
- Offence is committed in prosecution of the common object of that assembly
- Or offence is such that members knew it was likely to be committed in prosecution of the object
- All individuals who were members of the assembly at the time of commission are guilty of that offence
Punishment
Same punishment as prescribed for the specific offence committed
Practical Note
This is a landmark section on joint liability. To attract this section, the offence must have been committed to achieve the assembly's common object, or must be something members knew was likely.
हिंदी पाठ
190. विधिविरुद्ध जमाव का हर सदस्य, सामान्य उद्देश्य को अग्रसर करने में किए गए अपराध का दोषी।
यदि विधिविरुद्ध जमाव के किसी सदस्य द्वारा उस जमाव के सामान्य उद्देश्य को अग्रसर करने में कोई अपराध किया जाता है, या कोई ऐसा अपराध किया जाता है जिसके बारे में उस जमाव के सदस्य जानते थे कि उसका उस उद्देश्य को अग्रसर करने में किया जाना संभाव्य है, तो हर व्यक्ति, जो उस अपराध के किए जाने के समय उस जमाव का सदस्य है, उस अपराध का दोषी होगा।