Thursday, July 13, 2023

Difference between Section 34 & 149 of IPC (Indian Penal Code 1860)

 Both Sections 34 & 149 of IPC deals with crimes involved by several people but its applicability and objects are different, some of the major difference between Section 34 & Section 149 of IPC are discussed under.


SECTION 34 IPC
SECTION 149 IPC

Title:
Acts done by several persons in furtherance of common intention.                               
Title:
Every member of unlawful assembly guilty for offence committed in prosecution of common object
The number of people must be more than one                                                 The unlawful assembly must consist of at least a group of five people (Ref: Sec 141)
Requires common intentionsRequires common objects
A Prior meeting of the people is necessaryThe prior meeting of a group of people is not required
Active participation in the crime is necessaryActive participation in the offence is not required
Each person is liable for the act in the same manner as it were done by him aloneDoes not create separate offence but only declares vicarious liability of all members.
Intention is required    Knowledge is enough