Discussion
Which of the following explains the correct distinction between section 34 and section 149 of IPC ?
Answer: D
The answer is All of the above.
Each statement is a recognised distinction between Section 34 (common intention) and Section 149 (common object of an unlawful assembly):
- Section 149 needs a common object of the kinds listed in Section 141, whereas the common intention under Section 34 may be of any kind.
- Section 34 requires some participation in the act, however small, whereas under Section 149 mere membership of the assembly at the time is enough.
- Section 34 creates no offence but lays down a rule of joint liability, while Section 149 creates a specific offence.
Since the first three are all correct distinctions, choosing any one of them alone is incomplete.
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