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What distinguishes section 3(5) from section 190 of the Bharatiya Nyaya Sanhita, 2023?

Under section 3(5) of the Bharatiya Nyaya Sanhita, 2023, each participant is liable for a criminal act done by several persons in furtherance of their common intention.…

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What distinguishes section 3(5) from section 190 of the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer A

Under section 3(5) of the Bharatiya Nyaya Sanhita, 2023, each participant is liable for a criminal act done by several persons in furtherance of their common intention. Under section 190, members of an unlawful assembly can be guilty of an offence committed by a member in pursuit of the common object or known to be likely in pursuit of that object.

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Option A

Section 3(5) bases joint liability on common intention. Section 190 bases liability on unlawful-assembly membership and the statutory common-object or known-likelihood test.

Option B

This reverses the two statutory bases.

Option C

Section 3(5) can apply to several persons acting in furtherance of common intention without any unlawful assembly.

Option D

Section 190 can apply through the common object or known likelihood in its prosecution without requiring the section 3(5) common-intention test.

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