UPSC

5433. Give correct response. The principle of common intention within the meaning of section 34 of the Penal Code means:

A. Where each of the several persons did something criminal, all acting in furtherance of the common intention, each was punishable for what he had done as if he had done it by himself.
B. Where an act is done by several persons each one of them shall be jointly liable for any act done by any one of them provided their intention was same and they have acted jointly.
C. Section 34 deals with the doing of several acts, similar or diverse by several persons ; if all are done in furtherance of the common intention of all each of such persons is liable for the result of them all, as if he had done them himself.
D. For joint liability under section 34 it would not be sufficient to show that the intention of the persons committing the crime was same or similar but it has also to be shown that they have acted jointly in furtherance of such intention.
✅ The correct answer is option C.

5434. Give the correct response?

A. Sec. 34 does create a substantive offence.
B. Sec. 34 is only a rule of evidence.
C. Both (a) and (b).
D. None of the above.
✅ The correct answer is option B.

5436. In the above stated case:

A. All of them leaving D are guilty of murder.
B. All of them (A,B,C&D) are guilty of causing death.
C. Only A & B are guilty of murder.
D. None of the above.
✅ The correct answer is option B.

5437. Common intention implies:

A. Similar intention
B. Pre-arranged planning
C. Presence of planning
D. Presence of common knowledge.
✅ The correct answer is option B.

5438. Give correct response. A, a Korean national commits murder of B, an English lady on an Indian Air Lines plane while on a journey from India to Japan.

A. A can be tried either in Korea or in England because the murderer was a Korean and the victim was a national of England.
B. A can be prosecuted in India in any place where he is found because Section 4 of the I.P.C. provides this the provisions of the code apply to any offence committed by any person on any ship or aircraft registered in India.
C. A cannot be prosecuted in India because the offence has not been committed against an Indian citizen.
D. A can only be prosecuted in Korea because only that country of which an offender is a national has jurisdiction to prosecute.
✅ The correct answer is option B.

5440. The difference between Section 34 and Section 149 is:

A. That whereas in Section 34 there must be at least five persons, Section 149 required only two persons.
B. That Section 149 is only a rule of evidence whereas Section 34 creates a specific offence and provides for its punishment.
C. That Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly
D. None of the above
✅ The correct answer is option C.
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