Sec 34 and sec 149 of ppc embodies the rule of constructive liability which means that a person is liable for the consequences of an act of another person but sec 34 and sec 149 should not be mixed up together. The rule of common intention in sec 34 and sec 149 are not synonymous in any way and they have got their distinguishable features.
FOLLOWING are the relevent provisions of ppc
- Sec 34 for Common Intention
- Sec 149 for Common Object
Discus first of all
Common intention within the meaning of section 34 implies a pre-arranged plan.
DEFINATION :when a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable for that act in the same manner as if it were done by him alone.
INGREDIENTS OF SEC 34:
Following are the ingredients of Sec 34;
By several persons:
In furtherance of common intention:
Scope of sec 34:
Proof of common intention:
If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who ,at the time of the committing of that offence is a member of the same assembly is guilty of that offence.
INGREDIENTS OF SEC 149:
Following are the ingredients of Sec 149;
Offence is committed:
Membership of unlawful assembly:
In prosecution of common object:
Knowledge of likelihood of offence being committed:
SCOPE OF SEC 149:
Sec 149 ppc deals with the constructive liability of the members of an unlawful assembly for the offence have been committed by one or more of the members of the assembly. Sec 149 is merely an enabling provision and not provide a substantive offence.
PROOF OF SEC 149:
Prosecution must prove presence and participation of each of the accused in unlawful assembly for conviction.
DISTINCTION BETWEEN COMMON INTENTION AND COMMON OBJECT?
Following are the difference between sec 34 and sec149:
NUMBER OF PERSONS:
- Sec 34 may apply to a case where the culprits are more than one.
- Sec 149 can apply only to cases in which culprits are five or more.
MEETING OF MIND:
- Sec 34 requires a pre-concert or meeting of mind.
- Sec 149 will apply even if there was no prior meeting of mind.
Element of participation in action is necessary to constitute common intention. In sec 149 only membership of unlawful assembly at the time of occurrence of offence is sufficient.
AS TO OFFENCE:
- Sec 34 explains a doctrine of criminal liability and every criminal act in furtherance of common intention is made liable.
- Sec 149 applies to an offence committed by any member of an unlawful assembly whose common object is one mentioned in sec 141 ppc.
PRESENCE OF ACCUSED:
- In sec 34 , all the accused must be present on the spot
- In sec 149 , it is not necessary.
AS TO ACT DONE:
- Sec 34 will apply where the common intention is to do an act which was done.
- Sec 149 will apply even if there was no common intention to do the act.
To conclude, i can say that both sec 34 and sec149 making a person vicariously liable for the acts of his companions. both sec cannot always be provided by direct evidence and it should be inferred from the surrounding facts and circumstances of the case.