Barendra Kumar Ghosh v King-Emperor (1925)

BNS · Elements of Crime

Facts.

The accused stood guard outside a post office while confederates shot the postmaster dead; he fired no shot.

Issue.

Is a person who only “stands and waits” liable for the murder under common intention?

Held.

Yes. Under s.34 IPC / s.3(5) BNS, one who participates in furtherance of the common intention — even by keeping watch — is liable for the whole act: “they also serve who only stand and wait.”

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