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Joint and Constructive Liability Questions and Answers

Answer: B

The element that does not belong to Section 34 is 'the criminal act must be furtherance of common object'.

Section 34 of the IPC makes several persons jointly liable when a criminal act is done by them in furtherance of the common intention of all. Its ingredients are a criminal act done by several persons, a common intention shared by all, and participation by each in furthering it.

'Common object' is the language of Section 149, which makes every member of an unlawful assembly liable for an offence committed in prosecution of the assembly's common object. Common object does not require the prior meeting of minds that common intention does, and Section 149 needs five or more persons, so the two must not be confused.

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