DAY 10 | TOPIC | JOINT AND CONSTRUTIVE LIABILITY : SECTION 34 AND 149.

WHAT TO BE READ ?

1. GENERAL PRINCIPLE : I CANNOT BE LIABLE FOR WHAT YOU DID

2. CONCEPT OF JOINT LIABILITY

3. RATIONALE FOR JOIN LIABILITY

4. GROUP LIABILITY UNDER IPC

• He is being a member of a conspiracy to commit such an offence (s. 120-b); and

• The common intention of all to commit such an offence (s. 34);

• He is being a member of an unlawful assembly, the members whereof knew that an offence was likely to be committed (s. 149).

5. JOIN LIABILTY UNDER SECTION 34 IPC

6. ESSENTIALS AND PRINCIPLES :

S. 34 can easily be understood by subdividing its essentials into three basic ingredients:

• a criminal act must be done by several persons;

• the criminal act must be to further the common intention of all;

• there must be participation of all the persons in furthering the common intention.

7. FIRST ELEMENT : A CRIMINAL ACT MUST BE DONE BY SEVERAL PERSONS

8. SECOND ELEMENT : COMMON INTENTION

• Finding mens rea in one person = imputed to all

• Guiding principles of 'common intention':

• Difference between common intention and similar intention

9. THIRD ELEMENT : PARTICIPATION

10. LANMAR CASE LAWS

11. JOINT-LIABILITY UNDER SECTION 149, I.P.C.

12. ESSENTIAL INGREDIENTS OF SECTION 149 I.P.C

13. SECTION 34 AND SECTION 149 DISTINGUISHED