Difference between Section 34 of IPC and Section 149 of IPC
- by Aditi-Harshraj
- Jun 23, 2020 14:50
Most of the time people get confused between Section 32 and 149 of IPC because they are quite similar to each other. As in William Slaney v. the State of M.P (1956), the court observed that Section 34 and 149 are related and overlapping each other. But there are some points of difference through which we can understand why any offense is read with section 34 or section 149. Section 34 of IPC states that if the criminal act is done with the common intention of several persons then all of them are equally liable as if the Act was done alone. In Abu Bahar Siddik v. State of Tripura (2005), the court held that if the act is done with the common intention then everyone who was engaged in the offense will be equally liable for the act.
While Section 149 of IPC states that if any offense is committed by the person of unlawful assembly with the common object then every person will be held liable for such an act. The requisite element of sec 34 is the common intention that means that there must be a common intention of parties committing an offense while the requisite element of section 149 of IPC e is a common object that means the members of unlawful assembly must have a common object. In section 34 of IPC physical presence is not necessary the mind of the person should be engaged in the crime. In Aizaz v. State (2008), the court held that the physical presence of accused at the scene of occurrence is not essential but in section 149 the members of assembly should be present at the time of occurrence of offense.
Basically any law student or any person interested in knowing the difference between both the sections can conclude that section 34 requires common intention and physical presence isn't required if the mind of the accused is involved in the offense. But Section 149 requires common object and involvement of the accused at the time of occurrence of offense.
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