Section 190 BNS: Every member of unlawful assembly guilty of offence committed in prosecution of common object

Section 190 BNS

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.

FAQs of BNS Section 190

  1. 190 BNS punishment and fine

    Punishment and fine under Section 190 of the BNS is same as for the offence.

  2. 190 BNS cognizable or not

    According as offence is cognizable or non-cognizable.

  3. 190 BNS bailable or not

    According as offence is bailable or non-bailable.

  4. 190 BNS trial court

    Offence specified in Section 190 of the BNS is triable by the Court by which the offence is triable.

Important Points

  • Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
  • Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
  • Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
  • In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.

Read other Sections of the BNS

Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs

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