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A person can be convicted with the aid of Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 when a…

Under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 34 of the Indian Penal Code, 1860), when a criminal act is done by several persons in furtherance…

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A person can be convicted with the aid of Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 when a criminal act is done:

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Answer and explanation

Correct answer C

Under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 34 of the Indian Penal Code, 1860), when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. By contrast, 'common object' of an unlawful assembly is governed by Section 190 of the BNS, 2023 (formerly Section 149 IPC).

Option feedback

Option A

Incorrect. 'In prosecution of the common object' of an unlawful assembly of five or more persons is the basis of constructive liability under Section 190 of the BNS, 2023 (formerly Section 149 IPC), not Section 3(5) BNS (formerly Section 34 IPC).

Option B

Incorrect. Section 3(5) of the BNS, 2023 (formerly Section 34 IPC) requires the criminal act to be done in furtherance of the common intention of 'all', not merely some of them.

Option C

Correct. Under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 34 of the IPC, 1860), when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Option D

Incorrect. Since 'by several persons in furtherance of the common intention of all.' states the exact statutory requirement of Section 3(5) BNS, this choice is false.

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