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Difference Between Section 34 and 109 in I.P.C


 Difference Between Section 34 and 109 in I.P.C
Both Offences talk about crime by group of people. Such that if a crime is done by 2 or more people but less than 5 then section 149 is not applicable whereas section 34 is applicable on those offences.
A clear distinction is made out between common intention and common object is that common intention denotes action in concert and necessarily postulates the existence of a pre-arranged plan implying a prior meeting of the minds, while common object does not necessarily require proof of prior meeting of minds or pre-concert. Though there is a substantial difference between the two sections namely 34 and 149, they also to some extent overlap and it is a question to be determined
on the facts of each case;
Case:- Chittarmal v. State of Rajasthan, AIR 2003 SC 796.
Difference in operation of section 34 and section 149
(i) Both sections 149 and 34 deal with a combination of persons who become liable to be punished as sharers in the commission of offences. The non-applicability of section is, therefore, no bar in convicting the accused under substantive section read with section 34 if the evidence discloses commission of an offence in furtherance of the common intention of them all; Nethala Pothura­ju v. State of Andhra Pradesh, (1991) Cr LJ 3133 (SC).
(ii) In order to convict a person vicariously liable under section 34 or section 149 it is not necessary to prove that each and everyone of them had indulged in overts acts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782: AIR 1989 SC 1593.
I.P.C.Section 34
I.P.C Section 109
1. Section 34- Acts done by several persons in furtherance of common intention. When a criminal act is done by several persons in furtherance of the 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.
1. Section 149-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 or 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.
2. section 34 is applicable those 4 or less than 4 people unlawful assembly.
2. Section 149 deals with the 5 or more people as that would account for unlawful assembly
3. Section 34 talks about common intention
3. section 149 talks about common object such as the common object has a wider scope.
4. Common intention is if two or more person commits any crime with the same intention and under a prearranged plan
4.in common object  it is not necessary 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 all the members and is shared by all of them.
5. Participation of the people in crime is an important aspect, even standing people who indirectly help in commissioning of crime are also prosecuted.
5.mere membership of the group of an unlawful assembly is sufficient enough for prosecution.
6.Section 34 is a substantive evidence and other sections like 302 murder has to be clubbed with it.
6. Section 149 is a constructive crime in itself.

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