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Several people carry out a criminal act in furtherance of their common intention. How does section 3(5)…

Section 3(5) applies when several persons do a criminal act in furtherance of the common intention of all. It makes each participant liable for the criminal act as if that…

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Several people carry out a criminal act in furtherance of their common intention. How does section 3(5) of the Bharatiya Nyaya Sanhita, 2023, treat each participant’s liability for that act?

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Answer and explanation

Correct answer B

Section 3(5) applies when several persons do a criminal act in furtherance of the common intention of all.

It makes each participant liable for the criminal act as if that participant had done it alone.

Option feedback

Option A

The joint criminal act is attributed to each participant without dividing liability by degree of participation.

Option B

Each participant is liable for the criminal act in the same manner as if they had done it alone.

Option C

Liability under this rule extends to the jointly executed criminal act.

Option D

Leadership is not a condition of liability under section 3(5).

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