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    Question

    ‘A’ entered a house to commit theft. Old lady

    living in the house saw the thief and shouted for help. Neighbors collected near the house and caught hold of the thief who was trying to escape. The neighbors gave a thief beatings with fists and lathis. The neighbors are liable for:
    A Similar intention Correct Answer Incorrect Answer
    B Common intention Correct Answer Incorrect Answer
    C Unlawful assembly Correct Answer Incorrect Answer
    D Conspiracy Correct Answer Incorrect Answer

    Solution

    In the given scenario, 'A' entered a house to commit theft, and the old lady living in the house saw the thief and shouted for help. Neighbors collected near the house and caught hold of the thief who was trying to escape. The neighbors gave the thief beatings with fists and lathis. The neighbors who gave the thief beatings with fists and lathis are liable for "unlawful assembly" under section 149 of the Indian Penal Code. Section 149 provides that if an unlawful assembly of five or more persons has a common object of committing any unlawful act, every person who is a member of that assembly is guilty of the offence committed in the prosecution of such common object. In the given scenario, the neighbors who had collected near the house and caught hold of the thief had formed an unlawful assembly, as their act of beating the thief was not legally justifiable. Their common object was to punish the thief, which is not a lawful object, and the act of giving beatings to the thief was an offence committed in the prosecution of such common object. Therefore, the neighbors are liable for "unlawful assembly" under section 149 of the Indian Penal Code. The other options, such as "similar intention," "common intention," and "conspiracy" do not apply to this scenario, as they require a different set of circumstances and elements to establish criminal liability.

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