Question 1

The difference between Section 34 and Section 149 of Indian Penal Code:

Accepted Answer

A) That whereas in Section 34 there must at least be five persons, Section 149 requires 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) That Section 34 need not be joined with the principle offence, whereas Section 149 must be combined with the principle offence. 
A) That whereas in Section 34 there must at least be five persons, Section 149 requires 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) That Section 34 need not be joined with the principle offence, whereas Section 149 must be combined with the principle offence. C

Question 2

When a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable:

Accepted Answer

A) As if it was done by each one of them in singular capacity 
B) Only for the part each one has done 
C) For the abetment of the act 
D) For an attempt to commit the act. 
A) As if it was done by each one of them in singular capacity 
B) Only for the part each one has done 
C) For the abetment of the act 
D) For an attempt to commit the act. A

Question 3

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?

Accepted Answer

A) 1 and 2 
B) 2 and 3 
C) 2 only 
D) 4 only. 
A) 1 and 2 
B) 2 and 3 
C) 2 only 
D) 4 only. C

Question 4

Point out incorrect response. In Barendera Kumar Ghose Vs. Emperor, 52 I.A. 40, the appellant was charged under section 302 read with section 34 of the I.P.C. with the murder of a sub-postmaster. Sub-postmaster was counting money in the backroom. Several persons appeared at the door of the office and demanded the post master to give up the money and immediately afterwards fired pistols at him. Postmaster died immediately and the assailants fled in different directions without taking money. On of them was chased and caught with a pistol in his hand. It was not clear as to who fired the fatal shot. While holding the appellant liable for murder the Privy Council laid down the following principles:

Accepted Answer

A) "Criminal act" means that unity of criminal behaviour which results in something for which an individual would be liable if it were all done by himself alone, in a criminal offence. 
B) Even if the appellant did nothing as he stood outside the door, in crimes they also serve who only stand and wait. 
C) Section 34 deals with the doing of separate acts, similar or diverse, by several persons ; if all are done in furtherance of a common intention, each person is liable for the result of them all, as if he had done them himself, for 'that act' in the latter part of the section must include the whole action covered by a "criminal act" in the first part because they refer to it. 
D) Care must be taken not to confuse same or similar intention with the common intention. 
A) "Criminal act" means that unity of criminal behaviour which results in something for which an individual would be liable if it were all done by himself alone, in a criminal offence. 
B) Even if the appellant did nothing as he stood outside the door, in crimes they also serve who only stand and wait. 
C) Section 34 deals with the doing of separate acts, similar or diverse, by several persons ; if all are done in furtherance of a common intention, each person is liable for the result of them all, as if he had done them himself, for 'that act' in the latter part of the section must include the whole action covered by a "criminal act" in the first part because they refer to it. 
D) Care must be taken not to confuse same or similar intention with the common intention.

Question 5

When a criminal act is done by several persons is furtherance of common intention of all:

Accepted Answer

A) Each of such person is liable for that act 
B) Each of such person is liable for that act in the same manner as if it were done by him alone 
C) Each of such person is liable according to their guilt 
D) None is incorrect. 
A) Each of such person is liable for that act 
B) Each of such person is liable for that act in the same manner as if it were done by him alone 
C) Each of such person is liable according to their guilt 
D) None is incorrect.

Question 6

For the application of Section 34, there must be at least:

Accepted Answer

A) Two persons 
B) More than two persons 
C) Five persons 
D) None of the above 
A) Two persons 
B) More than two persons 
C) Five persons 
D) None of the above

Question 7

To establish section 34 of IPC

Accepted Answer

A) Common intention be proved but not over act be proved 
B) Common intention and overt act both be proved 
C) Common intention need not be proved but overt act be proved. 
D) None. 
A) Common intention be proved but not over act be proved 
B) Common intention and overt act both be proved 
C) Common intention need not be proved but overt act be proved. 
D) None.

Question 8

Common intention under Section 34 implies:

Accepted Answer

A) Similar intention 
B) Pre-arranged planning (privity of mind) 
C) Presence of common knowledge 
D) All of these. 
A) Similar intention 
B) Pre-arranged planning (privity of mind) 
C) Presence of common knowledge 
D) All of these.

Question 9

Before a man can he held liable under Sec. 34

Accepted Answer

A) The person should have participated in some what manner in the act. 
B) There was common intention. 
C) Both (a) and (b). 
D) None of the above. 
A) The person should have participated in some what manner in the act. 
B) There was common intention. 
C) Both (a) and (b). 
D) None of the above.

Question 10

Which one of the following statements regarding Section 34 and 149 of the Indian Penal Code is correct?

Accepted Answer

A) Common intention and common object are the same 
B) Both are distinct offences in themselves. 
C) Section 34 enunciates a mere principle of liability and creates no offence while Section 149 creates a specific offence. 
D) Section 34 and 149 are mutually helping Sections 
A) Common intention and common object are the same 
B) Both are distinct offences in themselves. 
C) Section 34 enunciates a mere principle of liability and creates no offence while Section 149 creates a specific offence. 
D) Section 34 and 149 are mutually helping Sections

Question 11

The difference between Section 34 and Section 149 is:

Accepted Answer

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 
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

Question 12

Point out incorrect response. The following principles were laid down in Mahboob Shah v. Emperor 72 I.A. 148.

Accepted Answer

A) Under section 34 the essence of liability is to be found in the existence of a common intention animating the accused leading to the doing of a criminal act in furtherance of such intention. 
B) It is difficult if not impossible, to procure direct evidence to prove the intention of an individual; in most cases it has to be inferred from his act etc. Such an inference should never be reached unless it is necessary inference deducible from the circumstances of the case. 
C) Common intention within in the meaning of section 34 implies a prearranged plan, and to convict the accused of an offence applying this section, it should be proved that the criminal act was done in concert pursuant to the prearranged plan. 
D) Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that 'they also serve who only stand and wait.' 
A) Under section 34 the essence of liability is to be found in the existence of a common intention animating the accused leading to the doing of a criminal act in furtherance of such intention. 
B) It is difficult if not impossible, to procure direct evidence to prove the intention of an individual; in most cases it has to be inferred from his act etc. Such an inference should never be reached unless it is necessary inference deducible from the circumstances of the case. 
C) Common intention within in the meaning of section 34 implies a prearranged plan, and to convict the accused of an offence applying this section, it should be proved that the criminal act was done in concert pursuant to the prearranged plan. 
D) Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that 'they also serve who only stand and wait.'

Question 13

Section 34 of IPC:

Accepted Answer

A) Creates a substantive offence 
B) Is a rule of evidence 
C) Both (a) and (b) 
D) Neither (a) nor (b). 
A) Creates a substantive offence 
B) Is a rule of evidence 
C) Both (a) and (b) 
D) Neither (a) nor (b).

Question 14

Under Section 34:

Accepted Answer

A) Physical presence is necessary 
B) Physical presence is not necessary at all 
C) Physical presence is necessary for participation but not in all cases 
D) All of these. 
A) Physical presence is necessary 
B) Physical presence is not necessary at all 
C) Physical presence is necessary for participation but not in all cases 
D) All of these.

Question 15

Give incorrect response. The following are the requirements of the principle of joint liability under section 34 of the Penal Code:

Accepted Answer

A) Some criminal act must be done by several persons. 
B) Criminal act must be done in furtherance of common intention of all of them. 
C) Several persons must share the common intention, they may or may not participate in the commission of the act constituting the crime. 
D) Common intention implies a pre-arranged plan between such persons. 
A) Some criminal act must be done by several persons. 
B) Criminal act must be done in furtherance of common intention of all of them. 
C) Several persons must share the common intention, they may or may not participate in the commission of the act constituting the crime. 
D) Common intention implies a pre-arranged plan between such persons.

Question 16

To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

Accepted Answer

A) There must be a prior meeting of two or more persons. 
B) There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means. 
C) A person does an illegal act with the help of two or more persons. 
D) Two or more persons commit a crime on a sudden provocation with guilty mind. 
A) There must be a prior meeting of two or more persons. 
B) There must be an agreement of two or more persons to do an illegal act or to do a legal act by illegal means. 
C) A person does an illegal act with the help of two or more persons. 
D) Two or more persons commit a crime on a sudden provocation with guilty mind.

Question 17

Give the correct response?

Accepted Answer

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. 
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.

Question 18

Common intention under Sec. 34 :

Accepted Answer

A) May develop at the spot as between a number of persons. 
B) Implies a pre-arranged plan. 
C) Both (a) and (b). 
D) None of the above. 
A) May develop at the spot as between a number of persons. 
B) Implies a pre-arranged plan. 
C) Both (a) and (b). 
D) None of the above.

Question 19

A & B goes to murder C. A stood as guard with a spear in hand to facilitate murder of C by B

Accepted Answer

A) A is liable for murder only. 
B) B is liable for murder only. 
C) A and B are liable for murder only. 
D) A is not liable. 
A) A is liable for murder only. 
B) B is liable for murder only. 
C) A and B are liable for murder only. 
D) A is not liable.

Question 20

Give the correct response? When a criminal act is done by several persons in furtherance of common intention of all :

Accepted Answer

A) each of such person is liable for that act in the same manner as if it were done by him alone. 
B) each of such persons is liable for that act. 
C) each of such person is liable according to their guilt. 
D) None of the above. 
A) each of such person is liable for that act in the same manner as if it were done by him alone. 
B) each of such persons is liable for that act. 
C) each of such person is liable according to their guilt. 
D) None of the above.

The difference between Section 34 and Section 149 of Indian Penal Code:

When a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable:

When a criminal act is done by several persons is furtherance of common intention of all:

For the application of Section 34, there must be at least:

To establish section 34 of IPC

Common intention under Section 34 implies:

Before a man can he held liable under Sec. 34

Which one of the following statements regarding Section 34 and 149 of the Indian Penal Code is correct?

The difference between Section 34 and Section 149 is:

Point out incorrect response. The following principles were laid down in Mahboob Shah v. Emperor 72 I.A. 148.

Section 34 of IPC:

Under Section 34:

Give incorrect response. The following are the requirements of the principle of joint liability under section 34 of the Penal Code:

To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

Give the correct response?

Common intention under Sec. 34 :

A & B goes to murder C. A stood as guard with a spear in hand to facilitate murder of C by B

Give the correct response? When a criminal act is done by several persons in furtherance of common intention of all :

Indian Penal Code and Criminal Jurisdiction

IPC Sections and Criminal Liability

Justifiable Homicide, Consent, and Defence in the Penal Code

Legal Defenses and Principles in Criminal Law

Consent, Harm, and Defense in IPC

The Right of Private Defense

Abetment and Sedition Laws in the Indian Penal Code

Offences Related to Rioting and Unlawful Assembly

Criminal Offenses and Liability

Culpable Homicide and Murder in IPC

Legal Concepts and Definitions in Criminal Law

Legal and Ethical Dilemmas in Various Criminal Offenses

Theft, Extortion, Robbery, and Dacoity in IPC

Criminal Offences

Theft and Extortion

Exploring the Elements of Forgery and Related Offences in Criminal Law

Jurisdiction, Motive, and Defenses in Criminal Law

The Applicability and Limitations of Consent in Legal Cases

Indian Penal Code Ipc Offences

Offences Dealt Under Different Sections of the Law

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Exam 2: Criminal Conspiracy and Common Intention Under Indian Penal Code

The difference between Section 34 and Section 149 of Indian Penal Code:

When a criminal act is done by several persons in furtherance of common intention of all, each one of them is liable:

When a criminal act is done by several persons is furtherance of common intention of all:

For the application of Section 34, there must be at least:

To establish section 34 of IPC

Common intention under Section 34 implies:

Before a man can he held liable under Sec. 34

Which one of the following statements regarding Section 34 and 149 of the Indian Penal Code is correct?

The difference between Section 34 and Section 149 is:

Point out incorrect response. The following principles were laid down in Mahboob Shah v. Emperor 72 I.A. 148.

Section 34 of IPC:

Under Section 34:

Give incorrect response. The following are the requirements of the principle of joint liability under section 34 of the Penal Code:

To constitute an offence of criminal conspiracy, what is the necessary condition to be proved?

Give the correct response?

Common intention under Sec. 34 :

A & B goes to murder C. A stood as guard with a spear in hand to facilitate murder of C by B

Give the correct response? When a criminal act is done by several persons in furtherance of common intention of all :

Indian Penal Code and Criminal Jurisdiction

IPC Sections and Criminal Liability

Justifiable Homicide, Consent, and Defence in the Penal Code

Legal Defenses and Principles in Criminal Law

Consent, Harm, and Defense in IPC

The Right of Private Defense

Abetment and Sedition Laws in the Indian Penal Code

Offences Related to Rioting and Unlawful Assembly

Criminal Offenses and Liability

Culpable Homicide and Murder in IPC

Legal Concepts and Definitions in Criminal Law

Legal and Ethical Dilemmas in Various Criminal Offenses

Theft, Extortion, Robbery, and Dacoity in IPC

Criminal Offences

Theft and Extortion

Exploring the Elements of Forgery and Related Offences in Criminal Law

Jurisdiction, Motive, and Defenses in Criminal Law

The Applicability and Limitations of Consent in Legal Cases

Indian Penal Code Ipc Offences

Offences Dealt Under Different Sections of the Law

Filters