BNS Section 190: Every member of an unlawful assembly guilty of offence committed in prosecution of common object (2026)
What Section 190 of the Bharatiya Nyaya Sanhita (BNS) means, how the common object rule makes every member of an unlawful assembly liable, how it maps to the old IPC Section 149, and how it is punished. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 190 of the Bharatiya Nyaya Sanhita (BNS) is the common object rule. It makes every member of an unlawful assembly guilty of an offence committed by any member in prosecution of the assembly common object, even if that member did nothing personally. The BNS has been in force since 1 July 2024 and replaces the Indian Penal Code (IPC). If you still look up "IPC 149", Section 190 is the provision you now need. This explainer sets out what Section 190 does, how it maps to the old law, and how it is punished. Last verified October 2026.
- New section: the common object rule is Section 190 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 149 of the IPC.
- Effect: every member of an unlawful assembly is guilty of an offence committed by any member in prosecution of the common object, or known to be likely.
- Punishment: the same as for the offence committed; classification follows that offence.
01Why the section number matters now
For over 160 years, "Section 149" meant that every member of an unlawful assembly could be held liable for what any member did in pursuit of the group common object. It is one of the most used provisions in riot and group-violence trials. Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and this rule now sits in Section 190.
This matters in practice. A charge sheet for an offence committed on or after 1 July 2024 cites Section 190 read with the main offence, not Section 149. Older matters keep their IPC number, because the law that applies is the law on the date of the offence.
02What Section 190 does
Section 190 does not create a separate offence with its own punishment. It is a rule of shared liability. When an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or is an offence the members knew was likely to be committed in prosecution of that object, every person who was a member of the assembly at the time is guilty of that offence.
In plain terms, the law treats the group as acting together. A person who stood in an unlawful assembly can be convicted of the offence that another member carried out, if it was in pursuit of what the group set out to do.
A companion to the rioting sections
Section 190 is usually charged with a substantive offence such as rioting. For how rioting itself is defined and punished, see Section 191 of the BNS.
03When the rule applies
Two routes make a member liable under Section 190:
- In prosecution of the common object: the offence was committed to carry out the shared aim of the unlawful assembly; or
- Knowledge of likelihood: the offence was one that the members of the assembly knew was likely to be committed in pursuit of that common object.
Two conditions sit behind both routes. First, there must be an unlawful assembly, which the BNS defines as a group of five or more persons with a shared unlawful object. Second, the accused must have been a member of that assembly at the time the offence was committed. The courts look closely at whether a person was truly part of the assembly or merely present at the scene.
04Old to new: IPC 149 to BNS 190
Section 149 of the IPC is now Section 190 of the BNS. The rule is carried over without real change.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Common object liability of unlawful assembly | Section 149 | Section 190 |
| Effect | Every member liable for the offence | Every member liable for the offence |
05Punishment and classification
Section 190 has no punishment of its own. The punishment is the same as that fixed for the offence actually committed in prosecution of the common object. So if the offence committed was rioting, the member is punished as for rioting; if it was murder, as for murder.
Classification follows the same logic. Whether the charge is cognizable or non-cognizable, and bailable or non-bailable, depends on the underlying offence. The matter is tried by the court that is competent to try that underlying offence.
06What changed from the old law
For this rule, the change is only the section number. The two routes to liability, the need for an unlawful assembly of five or more, and the link between the punishment and the underlying offence are all carried over from IPC Section 149. So the large body of case law on Section 149 still guides how Section 190 of the BNS is read.
Because Section 190 is a shared-liability rule, it is almost always charged alongside a substantive offence, most often rioting under Section 191 of the BNS.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
In group violence trials the hard question is who was truly a member of the unlawful assembly, and a deep body of authority under the old Section 149 shapes the answer. Claw puts 30 crore and more judgments within reach, from Supreme Court decisions of 1950 onward to High Court decisions from 1990, so you can see how membership and common object have been read. It also tracks the cases, orders and hearing dates of a live matter across 9,102 courts, benches and forums, and returns results in under 5 seconds.
Your records are safe: Claw does not use customer case documents to train its AI models. Set up a free Claw account to work through this case law and to follow a live matter by party or advocate name. For a wider search of the law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 190, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is IPC 149 in the BNS?
The common object rule, earlier Section 149 of the IPC, is now Section 190 of the Bharatiya Nyaya Sanhita, 2023. It makes every member of an unlawful assembly liable for an offence committed by any member in prosecution of the common object. It applies to offences committed on or after 1 July 2024.
Does Section 190 have its own punishment?
No. Section 190 has no separate punishment. A member of the unlawful assembly is punished as for the offence actually committed in prosecution of the common object, whether that is rioting, grievous hurt, murder or another offence.
Is an offence under BNS 190 bailable?
It depends on the underlying offence. Section 190 takes the classification of the offence committed by the assembly, so whether it is cognizable or bailable follows that offence.
How many people make an unlawful assembly?
Five or more persons with a shared unlawful object form an unlawful assembly under the BNS. Section 190 then makes each member liable for offences committed in prosecution of that object, if they were a member at the time.
Does old case law on Section 149 still apply?
In large part, yes. Because the rule is carried over unchanged, the extensive case law on IPC Section 149, including how courts decide who was truly a member of the assembly, still guides how Section 190 of the BNS is read.
Can I track a case under Section 190 in Claw?
Yes. Claw can follow a common object or group violence matter by party or advocate name, tracking its cases, orders and hearings across 9,102 courts, benches and forums in under 5 seconds, and it opens 30 crore and more judgments for research. It tracks and researches the case but does not give legal advice.