Showing posts with label S 3(5) of BNS. Show all posts
Showing posts with label S 3(5) of BNS. Show all posts

Wednesday, 29 August 2018

Notes on S 34 {S 3(5) of BNS } and S149 IPC{S 190 of BNS }- Principle of constructive liability

S 34 of IPC {S 3(5) of BNS } Acts done by several persons in furtherance of common intention:-
When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Object of the section: S 34 of IPC {S 3(5) of BNS } is enacted to meet cases in which it may be difficult to distinguish between the acts of individual members of a party, or to prove exactly what part is played by each of them. The reason why all are deemed to be guilty in such cases is that presence of accomplices gives encouragement, support and protection for the persons actually committing the act.

 S 34 {S 3(5) of BNS }is only a rule of evidence and does not create any substantive offence.
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