Section 149 of the Bharatiya Nyaya Sanhita (BNS), 2023
🔹 Section 149 – Liability of Every Member of an Unlawful Assembly for Offences Committed in Prosecution of Common Object
🧾 What does Section 149 say?
Section 149 talks about the liability of members of an unlawful assembly when a crime is committed by any one or more members of that assembly in pursuit of their common goal or object.
⚖️ Key Points:
Unlawful Assembly:
An assembly of five or more people whose common intention is to commit an offence, or to carry out some act in a way that disturbs public peace.
Common Object:
The group has a shared purpose or objective to commit a certain crime or unlawful act.
Liability of Members:
If any member of such an unlawful assembly commits a crime in the furtherance of the assembly’s common object, then every member of that assembly is held liable for that crime.
Even if a member did not personally commit the crime:
The law holds all members responsible for crimes done by some members in line with their shared intention.
🔍 Purpose of Section 149:
To prevent people from escaping liability by claiming they did not personally commit the crime.
To ensure that all members of a criminal group are equally accountable.
To discourage people from participating in unlawful assemblies knowing they could be held responsible for any crimes committed by the group.
⚙️ Example to Illustrate:
Suppose 7 people gather unlawfully with the common intent to damage public property. During this, one member damages a public bus.
Under Section 149, all 7 members can be held responsible for the damage, even if only one of them physically damaged the bus.
This is because the act was committed in furtherance of their common object.
📌 Summary Table:
| Aspect | Explanation |
|---|---|
| Who is involved? | Five or more people forming an unlawful assembly. |
| What is required? | A common object or intention to commit an offence. |
| What happens if a crime is committed? | Every member is liable for the offence committed by any member in pursuit of the common object. |
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