By application of principle of joint liability, every member of unlawful assembly is held guilty for offences that are committed by such unlawful assembly. What should be established on the part of the members of unlawful assembly to hold them liable for offences committed by such an assembly under the Bharatiya Nyaya Sanhita, 2023 ?

Under the Bharatiya Nyaya Sanhita (BNS), 2023, the principle of joint liability for an unlawful assembly is governed by Section 190 (which corresponds to Section 149 of the Indian Penal Code). This section states that 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 knew to be likely to be committed, every person who is a member of that assembly at the time of the committing of the offence is guilty of that offence.

While "common intention" (Section 3(5) of BNS) also creates joint liability, it requires a prior meeting of minds and applies to any group. In contrast, "common object" is the specific legal requirement for holding members of an unlawful assembly (defined in Section 189) liable for the acts of others in the group.