To a certain extent both sections are overlapping and both can be invoked against the accused when there is no difference between the object or intention with which the offence is committed. But it was pointed out in a case by Privy Council that there is such difference in the scope and applicability of section 34 and 149 inspite of their similarity. Section 149 is wider in its sweep and longer in its reach than section 34. The actual participation in action is the essential element of section 34 but membership of the unlawful assembly is the leading feature of section 149 PPC. Section 34 merely declares a rule of criminal liability but section 149 creates a specific offence. Common object is different than common intention as it does not require prior concert and a common meeting of minds but an unlawful object is developed when people assembled together. At least two persons are required to share the common intention under.
Saturday, August 10, 2013
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PapooParmar
Saturday, August 10, 2013
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