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Five persons conspire to loot a bank. Two of them, M & N stay on in car, with engine running on, at…

The looting was carried out in furtherance of the common intention of all five, so under section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 34 IPC) M and N…

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Five persons conspire to loot a bank. Two of them, M & N stay on in car, with engine running on, at entrance of the bank. Three of them X,Y & Z enter the bank. X shoots the cashier & Y & Z loot the cash. Police suddenly reaches the bank & apprehend Y & Z but X escapes on seeing the police enter the bank. M & N also run away in the car. Later on, all the five are arrested & charged with the offence of dacoity, looting & murder. M & N plead that they are not guilty of any of the offences, certainly not murder & looting as they did not participate in any of these offences. Should their plea prevail?

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Correct answer B

The looting was carried out in furtherance of the common intention of all five, so under section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 34 IPC) M and N are liable for it as if they had done it themselves, though they only waited in the getaway car. As five persons conjointly committed the dacoity and one of them committed murder in doing so, section 310(3) of the Sanhita (formerly section 396 IPC) also makes every one of them guilty of dacoity with murder, so their plea fails.

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