IPC · Chapter VIII · Of offences against the public tranquillity
IPC section 149, “Every member of unlawful assembly guilty of offence committed in prosecution of common object”, is now BNS section 190 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.
The words are the same as in the IPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.
Indian Penal Code, 1860
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.
Bharatiya Nyaya Sanhita, 2023
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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.
The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.
