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IPC 149 vs BNS 149 – Liability of Unlawful Assembly Members

Comparison
Same

Indian Penal Code (IPC)

VS.

Bhartiya Nyaya Sanhita (BNS)

Section: IPC 149

Every member of unlawful assembly guilty of offence committed in prosecution of common object

About IPC Section

Section 149 of the Indian Penal Code, 1860, is a vicarious liability provision. It states that if an offence is committed by any member of an unlawful assembly, in the prosecution of the common object of that assembly, then every member of the assembly is guilty of the same offence.

Key points of IPC 149:

  • Requires at least 5 or more persons to form an unlawful assembly.

  • The offence must be committed in pursuit of the group’s common object.

  • Even if a person did not directly commit the act, mere membership of the unlawful assembly makes him guilty.

For example, if an unlawful assembly gathers to forcibly occupy land and one member commits murder during this act, all members of the assembly are equally liable for murder under IPC 149.

This section ensures that people cannot escape liability by claiming they did not personally commit the crime. It deters participation in mobs by attaching responsibility to collective actions.

Section: BNS 149

Every member of unlawful assembly guilty of offence committed in prosecution of common object

About BNS Section

Section 149 of the Bharatiya Nyaya Sanhita, 2023, retains the same principle as IPC 149. It holds every member of an unlawful assembly accountable for offences committed by any member in furtherance of the assembly’s common object.

Highlights of BNS 149:

  • Membership of an unlawful assembly itself makes a person liable.

  • No distinction between the actual perpetrator and passive members.

  • Punishment is as per the committed offence (e.g., if murder is committed, all members face murder charges).

For instance, if five people assemble with the object of looting a shop, and one of them kills the shopkeeper while looting, all members will be held guilty of murder under BNS 149.

This section upholds the doctrine of collective liability and is crucial in controlling mob violence. BNS 149 mirrors IPC 149 to ensure continuity in addressing crimes committed by unlawful assemblies.