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.
In simpler terms this section of BNS, pertains to the liability of members of an unlawful assembly. It states that every member may be held liable for an offence committed by any one or more members of the assembly, in prosecution of their common object.
Essential Elements
- Unlawful Assembly: This section specifically addresses offences committed by members of unlawful assembly only.
- Common Object: It refers to the shared purpose or goal of the members of an unlawful assembly (it is not same as common intention).
- Offence committed in furtherance of common object: The offence committed must be committed in furtherance of the common object.
- Knowledge: Member having knowledge of their common object is sufficient to make them liable under this section, even when they did not participate directly in the crime.
Punishment
Each member will be punished as if he himself had committed the offence.
Example
A group of 5 people gathers to protest violently with a common object. One of them throws a stone and injures a police officer standing near him. Even though other members of the group did not throw the stone, all 5 may be punished as if they had committed the act. This is because it was done in furtherance of the common object of their group.