Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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aditya (junior)     08 December 2011

Come on guys, solve it for me..common intention

Now please let me know that whether section 34 of IPC, i.e., common intention> creates specific offence...if a person is guilty of common intention only, would it be an offence? I always get confused regarding this...Secondly How would one define RULE OF EVIDENCE? If I say section 149 (common object) is a rule of evidence, am I right or wrong in saying this? I am waitinf for practical and sensible explanation, not the bookish language lawyers...


 2 Replies


@ As per my knowledge Section 34 talks abt offence committed by persons in furtherence of common intention and here needs companionship of two or more than two unlike as in section 149 where no. of persons is 5. And  if offence done by one e.g.(shoot someone) and his two friends are outside for the purpose of awaring the main accused then all will be equally liable for the offence of murder. Rule of evidence which i thinks is in sec 34 through evidence the prosecution has to ruled out the liability of joint offenders.

Adv.Sagar Gharat (Proprietor)     12 December 2011

Dear Aditya,

in the most simplified language sec-34 can be understood as follows;

in case of sec-149 it applies to active participation of all persons in a "unlawful assembly"

in case of sec-34 it apples to association and not participation, the association can be active or passive, the most important aspect to establish sec-34 is knowledge and association 

sec-149 mens rea is important while in sec - 34 application of offence is irresprective of mens rea..

viz...take in case of conspiracy..the conspiratory may not presonnally and physically be present during the commission of offence but he is liable for the all the outcome of acts during commission of offence

while in case of sec 149 physical presence is required to be established to prove commission of offence.

I hope this might solve ur query

if not i will try to explain in even more simplified way

take care..god bless

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