IPC Section 149 — Every member of unlawful assembly guilty of offence committed in prosecution of common object

Summary

If a person commits an offence while acting as part of a group that has gathered with an illegal common purpose, then every other person who was part of that group at the time of the offence is also considered guilty of that same offence. This applies if the offence was done to achieve the group's common goal, or if the group members knew that such an offence was likely to happen as part of achieving that goal.

Official Text

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.

Related Judgments

• NANAK CHAND vs THE STATE OF PUNJAB — Supreme Court of India (1955)
• ZAINUL vs THE STATE OF BIHAR — Supreme Court of India (2025)
• JOSEPH vs STATE, REP. BY INSPECTOR OF POLICE — Supreme Court of India (2017)
• SOMASUNDARAM @ SOMU vs THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE — Supreme Court of India (2020)
• RAMESH vs STATE OF HARYANA — Supreme Court of India (2010)
• ANNA REDDY SAMBASIVA REDDY & ORS. vs STATE OF ANDHRA PRADESH — Supreme Court of India (2009)

Old <-> New Code Mapping

• BNS §190 — Every member of unlawful assembly guilty of offence committed in prosecution of common object