When a member of an unlawful assembly is to be constructively found guilty of an offence he must com...........

Indian Penal Code (IPC) 1860 General Exceptions

When a member of an unlawful assembly is to be constructively found guilty of an offence, he must commit same offence of which the principle is convicted and not some other offence this statement is -

Partially correct.

Correct.

Incorrect.

Can’t say.

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Explanation:

- Option 1: Partially correct.

- For a member of an unlawful assembly to be found guilty of the same offence, there must be common intent. They might still be liable for a different offence if it was foreseeable.

- Option 2: Correct.

- A member is typically only guilty of the exact offence committed by the principal if the intention was common among all members.

- ? This option highlights that for constructive liability, the same offence should be involved.

- Option 3: Incorrect.

- The statement is not fully incorrect because there are circumstances where members of an unlawful assembly can be found guilty if there's common intention.

- Option 4: Can’t say.

- The situation could be complex, but the legal principle here is well-established.