IPC Section 149 = BNS Section 190
Every Member of Unlawful Assembly Guilty of Offence Committed
विधिविरुद्ध जमाव के प्रत्येक सदस्य का दायित्व
Overview
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 An offence was committed by a member of an unlawful assembly
- 2 The offence was committed in prosecution of the common object
- 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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