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Section 34- Acts done by several persons in furtherance of common intention.- When a criminal act is done by several persons in furtherance of the 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-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 or 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.

Both Offences talk about crime by group of people. Such that if a crime is done by 2 or more people but less than 5 then section 149 is not applicable whereas section 34 is applicable on those offences.

Section 149 deals with the 5 or more people as that would account for unlawful assembly here section 34 is not applicable.

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Section 34 talks about common intention whereas section 149 talks about common object such as the common object has a wider scope. Common intention is if two or more person commits any crime with the same intention and under a prearranged plan, But in common object  it is not necessary that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object may form on spur of the moment; it is enough if it is adopted by all the members and is shared by all of them.

In section 34 Participation of the people in crime is an important aspect, even standing people who indirectly help in commissioning of crime are also prosecuted.

But in Section 149 mere membership of the group of an unlawful assembly is sufficient enough for prosecution.

Section 34 is a substantive evidence and other sections like 302 murder has to be clubbed with it.

Section 149 is a constructive crime in itself.


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Category Criminal Law, Other Articles by - Nitish Banka 



Comments

8 years ago CHANDRAMOHAN.G

excellent sir


13 years ago Kush Gupta

Thanks for giving highlight on this..


13 years ago Kush Gupta

Thanks for giving highlight on this..


13 years ago Anukul Prasad Nanda

I want know that sir different between sec-34 and sec-149 kindly slove my problem


13 years ago Nitish Banka

Yes indeed this article shows the very fundamentals of criminal law.


13 years ago Adv. Neelima Shingne

It's a very essential for an Advocate, who is newly coming in thes professional.


13 years ago Nitish Banka

Thank you Very much for such valuable comments it has inspired me to write more such articles :)


13 years ago hanush

thanx its is very essential for an advocate as its comes under the basics of criminal advocate


13 years ago AKSHANSH SINGHAL

YEs Indeed , its the good differenciation -crisp n short.


13 years ago Nitish Banka

Thank's :)


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