Assertion (A) : Participation in some manner in the act constituting the offence of common intention by all the persons to be prosecuted is necessary.
Reason (R) : Physical presence at the time of commission of crimes is not mandatory in all cases.
Codes :
Assertion Analysis
The assertion states that for an offense involving common intention, participation by all prosecuted individuals in the act constituting the offense is necessary. This aligns with legal principles, notably Section 34 of the Indian Penal Code, which implies that to be held liable under common intention, a person must have shared the common intention and participated in some manner in the criminal act pursuant to that intention.
Reason Analysis
The reason correctly states that physical presence at the exact time and place of the crime's commission is not always mandatory. Criminal liability, particularly for offenses conceived through common intention or conspiracy, can extend to individuals who, while sharing the common intention, might not be physically present at the scene but have contributed to the commission of the act through other means.
Explanation Validity
Reason (R) provides a correct explanation for Assertion (A). Assertion (A) establishes the requirement of participation for common intention. Reason (R) clarifies that this participation need not always involve physical presence, thereby explaining the broader scope and application of common intention. It demonstrates how an individual can participate and be held liable even without being physically present, supporting the truth of Assertion (A).
Important Questions from Law of Crimes
Match the LIST-I with LIST-II
LIST-I LIST-II A. Deterrent Theory of Punishment I. To maintain social order and ensure absence of crime in the society B. Retributive Theory of Punishment II. To stop others from committing similar crimes C. Reformative Theory of Punishment III. To return the same quantum of harm inflicted by the convict D. Preventive Theory of Punishment IV. To improve the mindset of the convict and ensure rightful thinking
Choose the correct answer from the options given below:- Read Assertion (A) and Reason (R) and with the help of codes given below find the correct explanation :
Assertion (A) : Nullum Crimen is an injunction to the legislature not to implicate all the suspected persons to be prosecuted.
Reason (R) : To avoid impossibility and to settle the question, the legislature must have to use administrative ruling.
Codes : - Which of the mitigating factors do not justify the award of death penalty ?
- Read Assertion (A) and Reason (R) and with the help of codes given below find the correct explanation :
Assertion (A) : The gist of conspiracy lies in forming the scheme between two or more persons to perform the overt act.
Reason (R) : The alleged agreement must provide circumstantial evidence about the participation by all to establish conspiracy.
Codes : - Which of these facts do not constitute the degree of knowledge for holding a person to be criminally liable for adducing false evidence ?
