Section 190

This provision continues the rule from Section 149 of the old Indian Penal Code, 1860, largely unchanged in wording. It reflects a long-standing principle in criminal law that when people join together for an unlawful purpose, they share responsibility for the natural or foreseeable consequences of that joint action, not just their individual acts. The law aims to deter mob violence and group crime by making every member accountable, since proving exactly who struck the fatal blow or committed the specific act in a chaotic group setting is often practically impossible.

Under the corresponding Section 149 IPC, Indian courts (including the Supreme Court) have held that mere presence in an unlawful assembly is not enough — the prosecution must show the person shared the common object, and that the offence committed was either the common object itself or one the members knew was likely to happen. Courts have also clarified that 'common object' can be inferred from conduct, weapons carried, and circumstances at the scene, and that this vicarious liability doesn't apply if the act was wholly unconnected to the assembly's shared purpose.

• Myth: You're only guilty if you personally committed the criminal act.
  Fact: Courts have held that simply being a member of the unlawful assembly when the offence happens can make you guilty, if the offence was in pursuit of the shared goal or one the group knew was likely.
• Myth: Just being present near a crowd where a crime happens makes you automatically guilty under this section.
  Fact: Courts require that the person actually be a member of the unlawful assembly sharing its common object, not merely a bystander or passerby.