ANU S NAIR 23 April 2021
sneha jaiswal 23 April 2021
Hello, Greetings of the day!
Section 34 of the indian penal code deals with common intention of several persons in furtherance of a pre-planned criminal act.Each of those persons are liable for the said act as it was done by a person alone. However for prosecution under this section,there must be more than 2 persons and less than 5 commiting the criminal act.
Section 149 deals with the offence committed by an unlawful assembly in prosecution of a common object. Every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. Section 149 deals with the 5 or more people as that would account for unlawful assembly here section 34 is not applicable.
Section 34 talks about common intention whereas section 149 talks about common object such as the common object has a wider scope.
Please refer to this link for more clarification:
Hope it helps
Regards
Sneha Jaiswal
Ishaan 24 April 2021
Section 34. Acts done by several persons in furtherance of common intention – When a criminal act is done by several persons in furtherance of 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.
Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object —If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
Distinction between section 34 and section 149
Important Cases –
For more details, have a look at this article - https://www.lawyersclubindia.com/articles/differences-between-section-34-and-section-149-ipc-4591.asp
Dr J C Vashista (Advocate) 25 April 2021
Well prepared and delivered lecture. I agree and appreciate.
However, as per rules of this site it is meant to help needy litigants and not for academic purpose(s).