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LAW OF CRIMES-JOINT AND CONSTRUCTIVE LIABILITY

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT

Q.No.

2022 “The provisions of Section 149 of 15/ Sec. 34,149, concept

the IPC ,1860 relate to the Q.2(b) of common intention
question of offence While Section and joint liability.
34 is a question of evidence. "
Give reasons for the statement.

2021 …………………………

2020 Though both section 39 and 149 15/ Q.2(c) Barendra Kumar
of the IPC provide for imposition Ghosh v. King
of constructive criminal liability, Emperor.
there are substantial points of
Section 34 does not
difference between the two. What
constitute a
are they?
particular offense.
Whereas Section 149
generates a
particular offense.

For S.34 it is
adequate that two or

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more individuals
were involved.
However, to impose
section-149 there
must be at least 5
people.

‘Participation’ is a
key factor for S.34,
whereas active
involvement in S.149
of the IPC is not
required.

2019 ------------------------------

2018 ------------------------------

2017 “Section 34 is incorporated in the 15/Q.2(a) Sec. 34, concept of

Indian penal code to deal with common intention
the cases where it is very difficult and joint liability.
to distinguish precisely the part
taken by each individual in
criminal act’’ while examine the
rationality of this section,

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support the answer with the help

of cases.

2016 ------------------------------

2015 ------------------------------

2014 ------------------------------

2013 ------------------------------

2012 ------------------------------

2011 ------------------------------

2010 ------------------------------

2009 ------------------------------

2008 “Discuss the rules regarding joint Q.1(b) Case- Mehboob Shah
and constructive liability in v. King Emperor-
Criminal Law. Do you find any There is pre
distinction between similar arrangement of mind
intention and common intention? in Common intention.

2007 ------------------------------

2006 ------------------------------

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2005 ------------------------------

2004 ------------------------------

2003 ------------------------------

2002 ------------------------------

2001 ------------------------------

2000 ------------------------------

ANALYSIS OF LAW OF CRIMES- JOINT AND CONSTRUCTIVE LIABILITY FOR

UPSC LAW OPTIONAL MAINS

In past 20 years of UPSC Law Optional Mains exam questions on joint and constructive
liability under law of crimes was asked in 3 years altogether.

This means the probability of joint and constructive liability being asked in future UPSC
Law optional mains is comparatively light, but if asked, the probability for question on
difference between Section-34 and 149, IPC is high.

From the above-mentioned questions and identifying their core concepts we can
observe that

1. Difference between Common Object and Common intention

2. Difference Between Common Intention and similar intention

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are the major concept that shall never be skipped while reading the concept joint and
constructive liability under law of crimes for UPSC Law Optional Mains.

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