Which of the following is false of Section 3(5) and Section 190 of the Bharatiya Nyaya Sanhita, 2023?
Section 3(5) BNS (formerly section 34 IPC) applies when several people participate in a criminal act in furtherance of their common intention; it has no five-person minimum.…
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Which of the following is false of Section 3(5) and Section 190 of the Bharatiya Nyaya Sanhita, 2023?
Answer and explanation
Correct answer D
Section 3(5) BNS (formerly section 34 IPC) applies when several people participate in a criminal act in furtherance of their common intention; it has no five-person minimum. Section 190 BNS (formerly section 149 IPC) concerns membership of an unlawful assembly, which section 189(1) defines as five or more people sharing a specified unlawful common object. An individual overt act is not essential for every member under section 190. The statement assigning five people to section 3(5) and only two with common intention to section 190 therefore reverses both the numbers and the governing concepts.
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