Sec. 34 & 149 of IPC

It's a major difference between common intension and common object.

I give you an example:

Mr X with intention to commit rape a girl B goes to her home. In the middile of the way he hired a auto. The auto driver was known to him. He told autodriver abt his intention to commit rape of girl B. Auto driver agreed to help him to escape. 

after commiting offence auto driver who was waiting out side of the house of girl B help A to escape form the place of occurance.

apply your mind, inwhich section of IPC auto driver can be tried??

1. 34

2. 109

3. 120b

4. 149

The answer is 120b IPC.

Sorry Ravikant,

                            I am not agree with the example given by you and with the answer .120B is criminal conspiracy . In the example given by you,both will be tried u/s34 IPC alongwith the others .

Take one more example :-A and B both want to kill C and for the purpose both were hidden at two different places .A  and B neither ever met nor known to each other .They both fired to C for killing to him . Here they both will be prosecuted with section 34IPC as the intention was same .No matter that by whoes fire c was killed .

Big difference between sec 34 sec 149 IPC and that's why both can not be apply along together .

One more example we take:;-A,B,C,D,E&F Hides at different places to kill the person "x" . All of them provide help to "A" to give the exact location of "x" by mobile phones and other means .By the fire of  "A" , Mr."x" got killed . Here all the five will be prosecuted u/s 149 alongwith the others . 

Mr Pundhir,

Thanks you made the matter clear to me.

Mr. Pandir,

In my example the autodriver has no intention to rape the victim girl. Then why does he comes under common intention??

He only helped in escape from the sight and involved himself in crime.

His act was agreeing to help in escape. He is a conspirator. 

Moreover we can say him abetor because he help the principal accused. and abetment by conspiracy and help is his crime. 

What is difference between Sec 34,109,114,120b,149,511 of IPC-1860.

Distinction between the 34 and 149 of IPC

* In the section 34 is a common intention and in 149 common object 

* Here more than one person in 34 and more than 5 person in 149

* 34 :- common intenstion denotes action in concert and necessarily postulates the existence of a pre arranged plan implying a prior meeting of minds. and 149 :- common object does not necessarily require proof of prior meeting of the minds or pre concert.

The basic difference between sec34 and sec.109 is pri plan. if X And Y know each other before commit a crime and the purpose is same then they treated as under sec.34 
and the other thing if they both are don't know each other and the commit a crime are same and they don't have any pri plan to commit crime then they treated as U/S.109  

Himanshu Aggarwal

9837556513

The basic difference between sec34 and sec.109 is pri plan. if X And Y know each other before commit a crime and the purpose is same then they treated as under sec.34 
and the other thing if they both are don't know each other and the commit a crime are same and they don't have any pri plan to commit crime then they treated as U/S.109