Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 regarding a criminal act done by several persons in…

Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 34 IPC) does not create a distinct offence; it lays down a principle of joint liability, so that each person who joins in a criminal act in furtherance of the common intention is liable as if he had done it alone. Among the options this is expressed as "only a rule of evidence and does not create a substantive offence". Section 3(5) is not separately punishable, and criminal conspiracy is a distinct substantive offence under section 61 of the BNS (formerly section 120B IPC), so the options linking section 3(5) to conspiracy are wrong.