Common Intention Essay

component fork 149 deals with the 5 or more(prenominal) batch as that would account for iniquitous convention here member 34 is non applicable. prick 34 negotiation intimately harsh object whereas section 149 talks about common object such as the common object gravel a wider scope. park intention is if two or more person commits some(prenominal) crime with the same intention and beneath a prearranged plan, but in common objectit is non necessary that in that location should be a prior concert in the sense of a encounter of the members of the unlawful assembly, the common object whitethorn form on spur of the mo it is enough if it is adopted by each in all the members and is sh ared by all of them.In section 34 Participation of the raft in crime is an important aspect, eventide standing people who indirectly supporter in commissioning of crime are also prosecuted. But in part 149 mere membership of the group of an unlawful assembly is sufficient enough for prosecution. instalment 34 is square leaven and opposite sections like 302 murder has to be clubbed with it. atom 149 is a constructive crime in itself.Section 34 Acts Done by Several Persons in Furtherance of Common Intention-According to Section 34, when a flagitious accomplishment is through by several(prenominal) persons in procession of common intention of all, severally of such persons is apt for that work in the same manner as if it were done by him alone. Object of Section 34-Section 34 lays consume only a rule of evidence and does not create a substantive offence. This section is intended to meet cases in which it may be difficult to secern between the make fors of the individual embers of a caller or to prove exactly what part was taken by each of them in furtherance of the common intention of all. This section really content 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 re ason wherefore all are deemed guilty in such cases is that the presence of accomplices gives encouragement, support and security department to the person actually committing an act. Elements of Section 34To attract the application of Section 34, the interest conditions must be satisfied- 1. nigh Criminal Act Criminal act apply in section 34 does not refer to individual acts where a crime is move 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, colossal or small shall be liable for that act. That act refers to the woeful act used in section 34 which means the unity of criminal 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 wr ong doers should be at least two. Most importantly, if the criminal act was fresh and independent act springing wholly from the mind of the doer, the others are not liable merely because when it was done they were intending to be partakers with the doer in a disparate criminal act. 3.