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What is the effect of section 3(5) of the Bharatiya Nyaya Sanhita, 2023, when several people do a…

Section 3(5) provides for joint liability when several people do a criminal act in furtherance of the common intention of all. Each is liable for that act as if they had…

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What is the effect of section 3(5) of the Bharatiya Nyaya Sanhita, 2023, when several people do a criminal act in furtherance of their common intention?

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Answer and explanation

Correct answer B

Section 3(5) provides for joint liability when several people do a criminal act in furtherance of the common intention of all. Each is liable for that act as if they had done it alone. The provision creates no standalone offence.

Option feedback

Option A

The provision attributes liability for the underlying act and creates no separate offence.

Option B

Each participant is liable for the criminal act as if they had done it alone where the statutory common-intention condition is met.

Option C

The provision attributes the criminal act done in furtherance of the common intention to each participant.

Option D

The required criminal act in furtherance of the common intention cannot be inferred from association alone.

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