Every member of unlawful assembly guilty of offence committed in prosecution of common object
AI Assist
Summary
When any member of an unlawful assembly commits an offence in pursuit of the assembly’s common object, or an offence the members knew was likely while pursuing that object, every person who is a member at the time is guilty of that offence. Being present as a member at the moment is sufficient even if one did not personally commit the act. The offence is dealt with according to its usual classification (cognizable/non-cognizable, bailable/non-bailable, triable by the appropriate court).
Example
Ravi joins a group formed to force entry into a market and intimidate shopkeepers. During the attempt one member smashes a shop window and steals goods. Because that act was in furtherance of the assembly’s common object and such acts were likely, Ravi, who was present as a member, is guilty of the theft and related offences even though he did not break the window.
Bare Act
Enacted textIf 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.
BNSS Classification
- The same as for the offence.
- According as offence is cognizable or non-cognizable.
- According as offence is bailable or nonbailable.
- Triable by The Court by which the offence is triable.
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