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9 Questions around this concept.
Read the following passage and answer the questions.
It is a well-established principle of criminal law that a person is solely accountable for crimes committed by himself and not for conduct committed by others. In other words, the main concept of criminal culpability is that the individual who commits an offence bears the primary responsibility, and only that person may be declared guilty and punished in line with the law. Opposing this general rule, Section 34 of the Indian Penal Code, 1860 (IPC) states that when criminal conduct is committed by numerous people in pursuit of a ‘common intention’, each of them is accountable for the crime in the same way as if it were committed by him alone. This clause, which establishes a principle of shared accountability in the commission of a criminal act, is an exception to a fundamental canon of criminal law. The core of joint culpability is found in the existence of a shared goal energizing the accused, which leads to the commission of a criminal act in pursuit of that intention.
IPC provides for various forms of group liabilities e.g. group liability under section 34 in the form of a rule of evidence making each member of the group liable for the final act if he has in any manner participated in action in furtherance of the common intention of all the members of the group irrespective of his individual contribution which may have been very small. Further, group liability under section 149 is envisaged making the members of the unlawful assembly vicariously liable for the criminal act which is in furtherance of the common object or what members of the unlawful assembly ought to have known is likely to be committed in given circumstances besides making each of them liable for punishment for being a member of an unlawful assembly.
Question: Several men assaulted a person with rods. The person ran, but another person caught him, and hand him over to the men beating him. What is the liability of the person who caught hold of the person running?
A committed theft in the house of B. When A committed theft, it was not a crime as per the country's legal system. The next day, legislature declares theft as a crime punishable by death.Will A be liable for theft?
A committed murder of B. C, the son of B filed a case in court and the court convited A for murder. A was sentenced to 20 years life sentence. After 20 years when A was released, C again filed a case and the court convicted A for 20 years of life sentence again. Is court right in making this decision?
Presumption of Innocence:
Principle of Proportionality:
Mens Rea and Actus Reus:
Legal Certainty and Clarity:
Conclusion
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