Tuesday, March 5, 2019
Common Intention Essay
Section 149 deals with the 5 or more citizenry as that would account for iniquitous assembly here contribution 34 is not applicable. Section 34 talks about universal intention whereas sectionalisation 149 talks about super acid object much(prenominal) as the common object have a wider scope. Common intention is if two or more person commits any hatred with the comparable intention and to a lower place a prearranged plan, but in common objectit is not incumbent that there should be a prior concert in the sentience of a make fulling of the members of the unlawful assembly, the common object may roll on spur of the moment it is enough if it is adopted by totally told the members and is shared by all of them.In section 34 elaborateness of the people in crime is an important aspect, even standing people who indirectly help in commissioning of crime are in any case prosecuted. But in Section 149 mere membership of the group of an unlawful assembly is sufficient enough for prosecution. Section 34 is substantive proof and other sections like 302 murder has to be clubbed with it. Section 149 is a constructive crime in itself.Section 34 Acts Done by several(prenominal) Persons in Furtherance of Common Intention-According to Section 34, when a iniquitous act is do 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 only. Object of Section 34-Section 34 lays down only a rule of demonstrate and does not create a substantive offence. This section is intended to meet cases in which it may be difficult to distinguish between the acts of the person embers of a party or to prove exactly what part was interpreted by each of them in furtherance of the common intention of all. This section really means that if two or more persons intentionally do a thing jointly, it is just the same as if each of them has done it individually. The reason why all are deemed guil ty in such cases is that the presence of accomplices gives encouragement, support and protection to the person actually committing an act. Elements of Section 34To attract the application of Section 34, the following conditions must be well-to-do- 1.Some Criminal Act Criminal act used in section 34 does not refer to individual acts where a crime is pull by a group of persons. Where a crime is committed by several persons in furtherance of common intention of all of them, each of them doing some act, similar or diverse, big or secondary shall be liable for that act. That act refers to the barbarous act used in section 34 which means the unity of distressing behaviour which results in something for which an individual would be punishable if it were all done by himself alone in an offence. . Criminal Act Done By Several Persons The criminal act in question must have been done by several persons i. e. by more than one person. The number of wrong doers should be at least two. Most i mportantly, if the criminal act was fresh and autonomous act springing wholly from the mind of the doer, the others are not liable entirely because when it was done they were intending to be partakers with the doer in a different criminal act. 3.