What is the meaning of 34 IPC?
Acts done by several persons in furtherance of common intention. —When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]
What are the condition for application of section 34 of IPC?
The ingredients of section 34 of IPC are-
1) A criminal act is done by several persons; 2) The criminal act must be to further the common intention of all; 3) There must be participation of all the persons in furthering the common intention.
Which of the following is false of Section 34 of IPC?
The difference between Section 34 and Section 149 of Indian Penal Code: Point out incorrect response.
|Q.||Which of the following is false of Section 34 of the Indian Penal Code?|
|B.||it does not create a distinct offence|
|C.||lays down principle of liability|
|D.||it is a penal provision|
|Answer» d. it is a penal provision|
What is the punishment for Section 34?
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
What Crpc 34?
Withdrawal of Powers. (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this code on any person or by any officer subordinate to it.
What is the maximum period of solitary confinement?
In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed
What is the difference between Section 34 and 149 IPC Mcq?
Section 34 is a rule of evidence whereas Section 149 creates a specific substantive offence. b. The number of persons in Section 34 is immaterial. Under Section 149 IPC five or more persons should have entertained the common object.
What is mistake of fact in IPC?
“Mistake of fact” generally refers to a wrongful understanding by someone as to the facts of a situation—the mistake results in the person committing an illegal act. Mistake of fact is a defense to a crime where the mistaken belief if it were true, would negate a mental state which is an element of crime.
Which one of the following brings out the distinction between section 34 and 149 of the Indian Penal Code 1860?
Answer» c. Section 149 creates a specific offence whereas Section 34 does not.
Which is punishable as sedition?
Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be
What is 498A 34 IPC?
498A as: Husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.
Who can withdraw powers conferred by Chief Judicial Magistrate?
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Is IPC section 323 bailable?
Hence, IPC 323 states the prescribed punishment which leads to imprisonment for 1 year or with the fine depending upon nature and gravity of the offence committed. The act also states that offence committed is a Non-cognizable and bailable offence, which is triable by any Magistrate.
Is solitary confinement legal in India?
Superintendent, Central Jail, the Supreme court held that any severe isolation of a prisoner by the cellular detention under the Prisons Act, 1894 sections 29 and 30 is penal, and it should be done in the fair procedure, and in absence of which may lead to the violation of article 21 of the Indian Constitution.
Do jails have solitary confinement?
In the United States penal system, upwards of 20 percent of state and federal prison inmates and 18 percent of local jail inmates are kept in solitary confinement or another form of restrictive housing at some point during their imprisonment. The period of confinement can last from a few days to several decades.
Is solitary confinement legal under Indian criminal law?
Solitary Confinement in the Indian Legal Context
Under the Indian Penal Code, the court when sentencing an offender to rigorous imprisonment has the power to order the offender to be kept in solitary confinement for a period not exceeding 3 months in toto.
Which is not an essential element of section 34 of Indian Penal Code?
Done by several persons: the criminal act under this section has to be essentially committed by several persons (more than one and less than 4 persons). it is not essential that all the offender commit a similar act. Each offender may be divulged in the separate act but they shall be held jointly liable by the law.
Which of the following is false of Section 34 and 149 of IPC?
For Application of Section 149 of IPC: Six persons were charged under Sec.
|Q.||Which of the following is false of Section 34 and Section 149 of the IPC?|
|B.||Some active participation in crime is required in S. 34 while it is not needed in S. 149|
|C.||S. 34 speaks of common intention while S. 149 contemplates common object|
How do you prove a mistake of fact?
Typically, the mistake that the defendant made must be a reasonable one. In other words, in order to be able to use mistake of fact as a defense at all, the mistake that the defendant made must have been one that an ordinary person would have made under the circumstances.
When mistake of fact is no defence?
In general, Mistake, whether of fact or of law, is no defence to the action of tort. When any person wilfully interferes with the rights of others, he has no defence that he believed that his actions were justified. Likewise, no one under a mistake of fact defames someone or enters anyone's property.
Who are immune from punishment in IPC?
Section 80 of IPC immunes a person who does an act in an innocent and lawful manner and without any mens rea for committing an offence. A law provides that a person cannot be punished for an act over which he had no control and the consequences were not probable.
What is the difference between Section 34 and 120 B of IPC?
The principle difference between these two sections is that: Under section 34, read with some other specific offence, a single person can be convicted because each is responsible for the act of all others, however it is not the case in Section 120B.
What is the maximum punishment for sedition?
A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
What is the highest punishment of sedition?
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished with 3[imprisonment for life] or any shorter term, to which
Is sedition a cognizable offence?
Sedition is cognizable (not requiring a warrant for an arrest), non-compoundable (not allowing a compromise between the accused and the victim), and non-bailable offence. Punishment under the Section 124A ranges from imprisonment up to three years to a life term, to which fine may be added.
Can wife withdraw 498A?
498A can be withdrawn after the divorce decree is granted to the spouses ,the condition being that before the divorce the parties should reach to a settlement where the wife agrees to withdraw the 498A charges against the husband .
What is the difference between 498 and 498A?
Section 498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is punishable and existence of element of cruelty is not necessary, whereas section 498-A deals with aggravated form of the offence.