unlawful assembly

Under Section 189 of the BNS (old s.141 IPC), an assembly of five or more persons is unlawful if its common object is, among other things, to overawe the government by criminal force, to resist the execution of law, to commit mischief or criminal trespass or any other offence, or to compel a person by criminal force to do what he is not legally bound to do. An assembly lawful at the start may become unlawful later.

Every member is liable for an offence committed by any member in prosecution of the common object, or which members knew was likely to be committed (s.190 BNS, old s.149 IPC). Common object differs from common intention: it needs no prior meeting of minds, only a shared object.

Example

Since all six accused shared the common object of attacking the victim, each was liable as a member of the unlawful assembly under Section 190 BNS.

In Indian law

• Sections 189 and 190, Bharatiya Nyaya Sanhita, 2023 (old ss.141 and 149, Indian Penal Code, 1860)

See also

common object · common intention · dacoity

Read more in the study notes

• Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
• Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
• Mob lynching, death by negligence and hit and run (Bharatiya Nyaya Sanhita)
• Offences against public tranquillity (Bharatiya Nyaya Sanhita)
• Article 19: assembly, association, movement, residence and profession (Constitutional Law I)