Common Intention (Sec. 34):
1. Number of persons must be more than one. But it is not compulsory that the number of members should be Five.
ADVERTISEMENTS:
2. It does not create specific and substantive offence, but only states a rule of evidence. It is always read with other substantive Sections. Punishment cannot be imposed solely upon this Section.
3. Common intention requires under Sec. 34 may be of any type.
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4. “Prior meeting of minds” is necessary before a wrongful act is done under this Section. It requires that all the accused must meet together before actual attack participated by all takes place.
5. Only offence committed under Sec. 34 in furtherance of common* intention is punishable.
ADVERTISEMENTS:
6. Common intention under Sec. 34 is also called as “Joint Liability”.
7. Illustrations: [Write some case-laws.]
Common Object (Sec. 149)
1. An unlawful assembly must consist at least 5 persons.
ADVERTISEMENTS:
2. It creates a specific and substantive offence. Punishment can be imposed solely depending upon Sec. 149.
3. Common object under this Sec. 149 must be one of the objects mentioned in Sec. 141, i.e., to commit an offence under such objects.
4. “Prior meeting of minds” under this Section is not necessary. Mere membership of unlawful assembly at the time of commitment of crime is sufficient.
5. Members of unlawful assembly under this Section are not only liable for act done in prosecution of common to be done in prosecution of the unlawful object, but its consequent offence/s.
6. Common object under Sec. 149 is also called as “Constructive Liability”.
7. Illustrations: [Write some case-laws.]