Multiple Choice Questions on Section 34 of I P C provides for liability based on common intention Consider the following situatio........... for Judicial Services (Master) Preparation

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Multiple Choice Questions

Section 34 of I P C provides for liability based on common intention Consider the following situatio...........

Indian Penal Code (IPC) 1860 General Explanations
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    Section 34 of I.P.C. provides for liability based on common intention. Consider the following situations: 

    1. The weapon used in the offence was found in A’s house. 

    2. A has procured the weapon of offence voluntarily to aid the criminal gang. 

    3. A was compelled under threat to his life to procure the weapon of offence. 

    4. The weapon was supplied on receipt of value of the weapon (sale). Which of the situation given above reflect (s) the correct ingredients with regard of Section 34? 

    1 and 2

    Incorrect Answer

    2 and 3

    Incorrect Answer

    2 only 

    Correct Answer

    4 only. 

    Incorrect Answer
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    Explanation:

    - Situation 1: The weapon was found in A's house.

    - Merely having the weapon doesn't prove common intention. A could be innocent unless further intention or action proves involvement.

    - Situation 2: A voluntarily procured the weapon to aid the criminal gang.

    - This shows A acted with common intention, aligning with Section 34.

    - Situation 3: A was compelled under threat to procure the weapon.

    - Coercion removes common intention. A did not voluntarily join the criminal act.

    - Situation 4: The weapon was supplied in a sale transaction.

    - Selling a weapon doesn't imply common intention unless part of the criminal plan.

    - ? Option 1: 1 and 2

    - Incorrect. Situation 1 alone doesn't fulfill Section 34's requirements.

    - ? Option 2: 2 and 3

    - Incorrect. Situation 3 lacks voluntary participation.

    - Option 3: 2 only

    - Correct. Situation 2 involves voluntary, deliberate participation.

    - ? Option 4: 4 only

    - Incorrect. Selling isn't synonymous with common intention.

    By: santosh
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