Section 3(5) of BNS is invoked when there are more 2 or more people involved with intent to commit an offence . It essentially means that when there is a common intention to commit an offence . This provision in Bharatiya Nyaya Sanhita (BNS) has been replaced by the erstwhile provision under Section 34 of the Indian Penal Code, 1860. In most FIR s registered this particular section is inserted when there are several people involved in committing the offence and prima facie their involvement is recognised although it is not necessary that all of them were actually involved in the crime per se but there is some involvement that has caused the crime to take place. Once may refer to this Judgment of the Hon’ble Supreme Court in Hardev Singh v. State of Punjab (1975. You may visit the best criminal lawyers in Kolkata
for any query related to Section 3(5) of BNS
Section 34 of the IPC
This is the erstwhile section that relates to common intention. The definition of 34 of IPC states – Acts done by several persons in furtherance of 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.
Conclusion for Section 3(5) of BNS
It is necessary to check the definition of the section from the Act itself which is –
3. General explanations.—(1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration.
(5) 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.
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