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Under section 3(5) of the Bharatiya Nyaya Sanhita, 2023, two people share a criminal intention and one…

Section 3(5) attributes the criminal act done in furtherance of common intention to each participant. Shared intention and participation must be proved. Facilitation from a…

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Under section 3(5) of the Bharatiya Nyaya Sanhita, 2023, two people share a criminal intention and one participates by facilitating the execution of their proven plan from a distance. Which statement correctly describes liability for the criminal act done in furtherance of that intention?

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Answer and explanation

Correct answer B

Section 3(5) attributes the criminal act done in furtherance of common intention to each participant. Shared intention and participation must be proved. Facilitation from a distance can constitute participation in the execution of a proven common plan.

Option feedback

Option A

Physical presence is not indispensable where proven facilitation amounts to participation.

Option B

A participant can act in furtherance of the shared intention by facilitating the plan from a distance.

Option C

Mere knowledge lacks the shared intention and participation in the stated rule.

Option D

Participants need not perform identical physical acts.

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