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Section 34 of Indian Penal Code provides for liability based on common intention. Consider the following situations:<br>1. The weapon used in the offence was found in A's house<br>2. A has procured the weapon of offence voluntarily to aid the criminal gang<br>3. A was compelled under threat to his life to procure the weapon of offence<br>4. The weapon was supplied on receipt of value of the weapon (sale)<br>Which of the situation given above reflect(s) the correct ingredients with regard to Section 34?
A
1 and 2
B
2 and 3
C
2 only
D
4 only
Correct Answer:
2 only
Consider the following statements:
1. Section 34 of Indian Penal Code requires two persons whereas Section 149 of Indian Penal Code require five persons.
2. Section 34 of Indian Penal Code requires common intention, whereas Section 149 of Indian Penal Code requires common object
3. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code both require presence of a prior consent
4. Section 34 of Indian Penal Code and section 149 of Indian Penal Code. Both create specific offence
Which of the above statements are correct?
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
Carefully read following statements:
1. According to Section 34 of Indian Penal Code, requirement is of two persons, whereas under Section 149 of Indian Penal Code, requirement is of five persons.
2. According to Section 34 of Indian Penal Code, common intention is required whereas under Section 149 Indian Penal Code, common object is required
3. Previous consent is required under Section 34 & 149 of Indian Penal Code
4. Section 34 of Indian Penal Code and Section 149 of Indian Penal Code constitutes a specific offence
Which of the above statements is true:
A
1 and 3
B
2 and 3
C
1 and 2
D
2 and 4
Which of the following statement/statements is/are not correct?
1. Both Sections 34 and 149 of Indian Penal Code itself create specific offences
2. Both Sections 34 and 149 of Indian Penal Code relate to Doctrine of Vicarious liability
3. Section 34 fixes a minimum two persons who must share common intention while Section 149 requires there must be at least 10 persons to have the common object
4. Some active participation is necessary under Section 34 but Section 149 does not require it. Mere member of the unlawful Assembly with common object is sufficient for liability.
A
Only 1 is incorrect
B
1 and 2 both are incorrect
C
1 and 3 are incorrect
D
1, 2, 3 and 4 all are incorrect
Which of the following distinguishes section 34 of Indian Penal Code from section 149, Indian Penal Code?
1. Section 149 creates a substantive offence whereas section 34 does not create an offence.
2. Section 149 requires common object whereas section 34 requires common intention.
3. Section 149 requires five or more persons whereas section 34 requires two or more persons.
Select the correct answer:
A
1, 2 and 3
B
1 and 3
C
2 and 3
D
1 and 2
Consider the following statements:
1. In the case of Mithu v. State of Punjab, the constitutional validity of Section 303 of the Indian Penal Code was examined by the Supreme Court of India and held that this Section violates Article 14 and Article 21 of the Constitution,
2. Counsel for appellants/petitioners in the above case contended that Section 303 of the Indian Penal Code is arbitrary, because it authorizes deprivation of life by an unjust and unfair procedure.
3. Section 303 of the Indian Penal Code provides punishment for culpable homicide by causing death of person other that the person whose death was intended.
Which of the statements given above is/are correct?
A
1 and 2
B
1 only
C
1, 2 and 3
D
2 only
Which of the following among item A and item B are correct?
Item A: Common intention within the meaning of Section 34 of the Penal Code means:
1. Evil intention of many persons to commit the same act
2. Implication of a pre-arranged plan, prior meeting of mind, between all the persons constituting the group
3. A desire of several persons to commit an act without contemplating the consequences
Item B: Within the meaning of section 149 in prosecution of common object of an unlawful assembly's means:
1. In relation to common intention of the group
2. In order to attain the common object
3. In relation to a common object
Select the correct answer:
A
1 and 2 of both items
B
1 and 3 of both items
C
2 alone of both items
D
3 along of both items
Which of the following combinations are correctly matched?
1. Harbour ⇔ Section 51A, Indian Penal Code
2. Wrongful Loss ⇔ Section 23, Indian Penal Code
3. Gang rape on woman under twelve years of age ⇔ Section 376DB, Indian Penal Code
4. Gang rape ⇔ Section 376D, Indian Penal Code
Select the correct answer:
A
1, 3 and 4
B
1, 2 and 3
C
2, 3 and 4
D
1, 2 and 4
The ingredients of Section 149 of the Indian Penal Code are-
1. Knowledge of the probability of the commission of the offence
2. Common intention
3. Unlawful objects stated in Section 141 of the Indian Penal Code
4. Active participation in commission of crime.
Select the correct answer:
A
1, 3 and 4
B
2 and 4
C
3 and 4
D
1 and 3
Propositions as regards the liability of the surety under the surety bond are:
1. The liability of the surety is mutually exclusive of the liability of the accused under his personal bond.
2. The liability of the surety is contingent on the liability of the accused under his personal bond the liability of the surety.
3. is limited to the amount of the surety bond.
Now which of the following is correct
A
1 and 3 are correct
B
1 and 2 are correct
C
2 and 3 are correct
D
1, 2 and 3 all are correct
X had made some communications to his wife Y during their marriage under Section 122 of the Evidence Act, the correct proposition are:
1. X can be compelled to disclose such communications before the Court, if Y consents, in any proceeding.
2. X can be compelled to disclose such communication whether Y consents or not in any proceedings
3. Y can be compelled to disclose such communication whether X consents or not in a divorce proceedings between them
4. Y may be permitted by Court, if deems fit, to disclose any such communication in a criminal proceedings not between X and Y.
A
1, 3, 4 are not correct
B
1, 2, 3 are not correct
C
2, 3, 4 are not correct
D
2, 4 are not correct