Group liability is a principle that holds multiple individuals involved in a criminal act accountable, regardless of the individual roles they play. In criminal law, this ensures that people who act together with a shared intention or objective are equally responsible for the consequences. The Bharatiya Nyaya Sanhita, 2023 (BNS), India's reformed criminal code, addresses these liabilities under different sections, ensuring that all individuals participating in or contributing to a crime are punished.

1. Joint Liability (Section 3(5) of BNS): Joint liability applies when two or more people act together with a common intention to commit a criminal act. In such cases, each person involved is treated equally liable for the crime, even if only one of them performed the physical act.
   • Key Elements of Joint Liability:
     • Common Intention: All individuals must share the same intent or goal to commit the crime.
     • Multiple Participants: At least two people must be involved.
     • Criminal Act: The act must be executed as a result of their shared intention.
        
   • Example of Joint Liability: Two friends plan a robbery: If two people plan and rob a bank, even if one person stands guard while the other enters the bank, both are equally liable for the robbery.
   • Illustration: A and B decide to rob a shop. A keeps watch while B steals valuables. Even though A didn't steal anything directly, both are equally responsible under Section 3(5) of BNS because they acted with a common intention.
      
2. Criminal Knowledge or Intention (Section 3(6) of BNS): This section holds individuals liable when a criminal act is committed with knowledge or intent that makes the act illegal. Even if different people perform different actions, each one is treated as though they committed the crime themselves.
   • Key Elements:
     • Knowledge/Intention: The crime must be committed knowingly or intentionally.
     • Participation: Everyone involved is held liable, regardless of their individual role.
        
   • Example: A group of people plans to defraud someone. If each member knowingly plays a part—such as one person falsifying documents and another communicating with the victim—both are equally liable for the fraud.
      
3. Cooperation in Offense (Section 3(8) of BNS): This section applies when a crime is committed through multiple acts by several people working together. Anyone who intentionally contributes to the crime is liable for the entire offense.
   • Key Elements:
     • Multiple Acts: The offense involves a series of actions.
     • Cooperation: Participants deliberately cooperate in carrying out the crime.
     • Equal Liability: Each person is responsible for the entire crime, even if they did not perform all the acts.
        
   • Example: A group is involved in a scam: One person handles funds, another creates fake profiles, and a third contacts victims. Each person is equally liable for the entire scam.
      
4. Abettor's Liability (Section 54 of BNS): Under Section 54, anyone who instigates, aids, or supports a criminal act is held equally liable as the main offender, even if they did not directly commit the crime.
   • Key Elements:
     • Presence at the Scene: The abettor must be present during the offense.
     • Support or Instigation: The abettor provides help or encouragement to the principal offender.
        
   • Example: Providing a weapon: If a person gives a gun to a robber and is present during the robbery, they are equally liable for the robbery.
      
5. Constructive Liability (Section 190 of BNS): Constructive liability occurs when members of a group or unlawful assembly are held responsible for actions taken by any member of the group in furtherance of a common unlawful objective.
   • Key Elements of Constructive Liability:
     • Unlawful Assembly: The group must consist of at least five persons (as defined in Section 189 of BNS).
     • Common Object: The unlawful act must be committed to pursue the group's shared goal.
     • Participation: All individuals in the assembly at the time of the crime are held liable.
        
   • Example of Constructive Liability: Five people plan arson: If five people form a group to set fire to a building and one of them actually starts the fire, all members are liable for the offense.
   • Illustration: A mob of six people attacks a house with the intention of harming its residents. Even if only one person from the mob hits a resident, the entire group is liable under Section 190 because the act was committed to further their shared objective.
      
6. Dacoity With Murder (Section 310 of BNS): Under Section 310, if a murder occurs during a dacoity (a gang robbery), all members involved in the dacoity are held liable for the murder, regardless of who actually committed the killing.
   • Example: During a dacoity, one gang member kills a guard. Even if the others didn't plan the murder, all members are held liable for the killing under Section 310.
      
7. Lurking House Trespass (Section 331 of BNS): If a group trespasses or breaks into a house and death or serious injury occurs, all participants are liable for the outcome under Section 331.
   • Example: If a group enters a house to steal and a resident dies during the act, all participants are liable for the death, even if only one person directly caused it.
      

Landmark Supreme Court Judgments Relevant to Group Liability

• Mehboob Shah v. Emperor (1945):
  • Facts: Two men attacked a victim, and only one dealt the fatal blow.
  • Ruling: Both were held liable under joint liability since they acted with a common intention.
     
• Pandurang v. State of Hyderabad (1955):
  • Facts: A murder was committed by a group, but it was unclear who planned it.
  • Ruling: The court emphasized that common intention requires prior agreement or planning.
     
• Kirpal Singh v. State of U.P. (1954):
  • Facts: A fight escalated into murder, but the intention to kill arose on the spot.
  • Ruling: Joint liability can form even during the commission of the act.

The Bharatiya Nyaya Sanhita, 2023 addresses both joint and constructive liability, ensuring that individuals acting together in a crime are equally accountable. Whether it is planning a robbery, participating in a scam, or being part of an unlawful assembly, the law ensures that each member is held responsible for their role.