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What is the function of section 3(5) of the Bharatiya Nyaya Sanhita, 2023?

Section 3(5) attributes the criminal act to each person when several persons do it in furtherance of their common intention. Liability is for the criminal act itself. The…

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What is the function of section 3(5) of the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer A

Section 3(5) attributes the criminal act to each person when several persons do it in furtherance of their common intention.

Liability is for the criminal act itself. The provision does not create a separate offence.

Option feedback

Option A

Each participant is liable for the criminal act done in furtherance of the common intention as if they had done it alone.

Option B

The section attaches liability for the criminal act. It does not create a separate offence.

Option C

A qualifying agreement is dealt with by the conspiracy rule in section 61.

Option D

Mere presence does not establish commission in furtherance of a common intention.

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