Common Intention Essay

Section 149 deals with the 5 or more sight as that would account for vicious assembly here slit 34 is not applicable. Section 34 talks about rough-cut intention whereas share 149 talks about parkland object much(prenominal) as the common object have a wider scope. Common intention is if two or more person commits any horror with the alike(p) intention and under a prearranged plan, but in common object it is not unavoidable that there should be a prior concert in the intelligence of a geting of the members of the unlawful assembly, the common object may plaster bandage on spur of the moment it is enough if it is adopted by entirely the members and is shared by either of them.In section 34 involution of the people in crime is an important aspect, even standing people who indirectly help in commissioning of crime are excessively prosecuted. But in Section 149 mere membership of the group of an unlawful assembly is sufficient enough for prosecution. Section 34 is sub stantive record and other sections like 302 murder has to be clubbed with it. Section 149 is a reconstructive crime in itself.Section 34 Acts Done by several(prenominal) Persons in Furtherance of Common Intention- According to Section 34, when a malefactor act is through 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 altogether. Object of Section 34- Section 34 lays down only a rule of manifest 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 one-on-one embers of a party or to prove exactly what part was taken 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 guilty in such cases is that the presence of accomplices gives encouragement, support and protection to the person actually committing an act. Elements of Section 34 To attract the application of Section 34, the following conditions must be fulfill- 1.Some Criminal Act  Criminal act used in section 34 does not refer to individual acts where a crime is committed 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 humbled shall be liable for that act. That act refers to the twist act used in section 34 which means the unity of reprehensible 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 importantly, if the criminal act was fresh and freelancer act springing wholly from the mind of the doer, the others are not liable but because when it was done they were intending to be partakers with the doer in a different criminal act. 3.