Question

Constructive responsibility, under Indian law, may be invoked where persons act in prosecution of

• A. common intention
• B. common knowledge
• C. common object
• D. none of the above

Hint:

Pay close attention to the specific legal phrases used in questions. "In furtherance of" points to Common Intention (Sec 34). "In prosecution of" points to Common Object (Sec 149).

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks about a situation where "constructive responsibility" (vicarious liability) is invoked in Indian criminal law. It requires us to choose the most appropriate legal concept from the given options. Both "common intention" and "common object" are forms of constructive liability.

Step 2: Key Concepts and Approach:
Constructive criminal liability means holding a person liable for a crime committed by another, due to their participation in a shared criminal enterprise. The two main provisions in the IPC are:

• Section 34 (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."
• Section 149 (Common Object): This applies to members of an unlawful assembly. "If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence."

Step 3: Detailed Explanation:

• Analyzing the Phrase "in prosecution of": The question uses the specific phrase "in prosecution of." This exact wording is found in Section 149 IPC, which deals with "common object." Section 149 makes a member of an unlawful assembly liable for an offence committed "in prosecution of the common object."
• Contrasting with Section 34: Section 34 uses the phrase "in furtherance of the common intention." While the concepts are related, the phrasing in the question directly mirrors the language of Section 149.
• Conclusion based on wording: Because the question uses the precise legal terminology from Section 149, "common object" is the most fitting answer. The principle under Section 149 is a classic example of constructive responsibility, where mere membership in the unlawful assembly at the time of the crime can lead to liability.

Step 4: Final Answer:
Constructive responsibility under Section 149 of the IPC is invoked when an offence is committed by a member of an unlawful assembly "in prosecution of the common object" of that assembly.