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Report No. 156

13. (i) Amendment of sections 34 and 149: Common intention and common object.-

Whether sections 34 and 149 be amended to make a single accused also be constructively liable ultimately of an offence, when even though such an accused was charged along with other accused, but who are acquitted, if the court finds that such single accused along with one or more accused conjointly committed the offence in view of the fact that where accused are tried constructively by application of section 34 or 149 and where some of them are acquitted on some ground or the other, the remaining whose participation conjointly though established, are also being acquitted on the simple ground that requisite number of such accused is less than two or five?

(ii) Amendment of sections 34, 35 and 38: Provisions related to Acts done by several persons in furtherance of common intention.-Do you agree that in view of the holding of the Apex Court in the case of B.N. Srikantiah v. State of Mysore, AIR 1958 SC 672 and the recommendations of the Law Commission in its 42nd Report on Indian Penal Code and clause 13 of Indian Penal Code (Amendment) Bill, 1978 for the words "several persons" wherever they occur in sections 34, 35 and 38, the words "two or more persons" be substituted?



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