10 persons were charged for offence under section 302/149 of Indian Penal Code which has been committed by only one person, and out of the 10, nine except the one who actually committed the offence, were acquitted, the person who actually committed the offence
A. Cannot be convicted for offence under section 302/149 of Indian Penal Code
B. Cannot be convicted for offence under section 302 of Indian Penal Code
C. Cannot be convicted for offence under section 149 of Indian Penal Code
D. Can be convicted for offence under section 302 of Indian Penal Code
Answer: Option D
Solution (By Examveda Team)
Section 302 of the Indian Penal Code pertains to the punishment for murder.Section 149 of the Indian Penal Code applies when an offence is committed by a member of an unlawful assembly in prosecution of the common object of that assembly, making all members of the assembly vicariously liable for the offence.
In this case, nine persons out of ten were acquitted, meaning that the unlawful assembly did not exist in the eyes of the law.
The person who actually committed the offence is individually liable for murder under Section 302, as his actions do not depend on the existence of the unlawful assembly for conviction.
Thus, the person who committed the offence can be convicted for the offence under Section 302 of the Indian Penal Code.
This Question Belongs to Law >> Indian Penal Code
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Which of the following is an offence of continuing under Indian Penal Code, 1860?
A. Rape
B. Theft
C. Abetment
D. Abduction
Sexual intercourse by husband upon his wife during separation attracts a punishment of
A. Imprisonment for a term which shall not be less than 3 years but which may extend to 5 years and fine
B. Imprisonment for a term which shall not be less than 3 years but which may extend to 7 years and fine
C. Imprisonment for a term which shall not be less than 2 years but which may extend to 5 years and fine
D. Imprisonment for a term which shall not be less than 2 years but which may extend to 7 years and fine
Against whom among the following, the offence of abduction is committed?
A. Woman
B. Child below the age of 18 years
C. Child below the age of 12 years
D. Any person
A. Attempt to cause death
B. Causing death intentionally
C. Causing grievous injury
D. Causing injury which is likely to cause death
Answer must be option (c) as a single person can't commit offence under section 149 ipc