Common Intention Essay Example for Free

Common Intention Essay role 149 deals with the 5 or more people as that would account for unlawful assembly here section 34 is not applicable. constituent 34 talks about car park spirit whereas section 149 talks about common object such as the common object have a wider scope. Common intention is if ii or more person commits any crime with the same intention and under a prearranged plan, but in common objectit is not essential that there should be a prior concert in the sense of a meeting of the members of the unlawful assembly, the common object may form on spur of the moment it is enough if it is adopted by on the whole the members and is shared by all of them. In section 34 Participation of the people in crime is an important aspect, even standing people who indirectly help in commissioning of crime are also prosecuted. But in Section 149 mere membership of the group of an unlawful assembly is sufficient enough for prosecution. Section 34 is substantive present and other sections like 302 murder has to be clubbed with it. Section 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 criminal act is done 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 alone. Object of Section 34-Section 34 lays down 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 distinguish between the acts of the single 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 performer 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, s upport and protection to the person actually committing an act. Elements of Section 34To attract the application of Section 34, the following(a) conditions must be satisfied- 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 small shall be liable for that act. That act refers to the criminal 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 wrong doers should be at least two. Most importantly, if the criminal act was fresh and independent act springing wholly f rom the perspicacity 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 different criminal act. 3.