IPC Section 149 = BNS Section 190

Every Member of Unlawful Assembly Guilty of Offence Committed

विधिविरुद्ध जमाव के प्रत्येक सदस्य का दायित्व

Offences Against Public Tranquility No Change in Punishment Non-Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 149 of the IPC provided constructive liability — every member of an unlawful assembly is guilty of offences committed in prosecution of the common object. Under BNS 2023, this is now Section 190.

Hindi IPC की धारा 149 विधिविरुद्ध जमाव के सभी सदस्यों की रचनात्मक देयता से संबंधित थी। BNS 2023 के तहत यह अब धारा 190 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 149 Section 190
Title Every Member of Unlawful Assembly Guilty of Offence Committed Every Member of Unlawful Assembly Guilty
Punishment Same as the offence committed Same as the offence committed
Cognizable No — Warrant required for arrest
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Same as for principal offence

Key Changes

  • Section number changed from IPC 149 to BNS 190
  • Constructive liability principle remains
  • No substantive changes

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 An offence was committed by a member of an unlawful assembly
  2. 2 The offence was committed in prosecution of the common object
  3. 3 All members are guilty of the offence

Frequently Asked Questions

What is the BNS equivalent of IPC Section 149?

IPC Section 149 (Every Member of Unlawful Assembly Guilty of Offence Committed) is now BNS Section 190 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Has the punishment changed from IPC 149 to BNS 190?

No, the punishment remains substantially the same. Under BNS 190: Same as the offence committed.

Is BNS Section 190 cognizable?

No, BNS Section 190 is a non-cognizable, non-bailable, and non-compoundable offence.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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