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Punishment under IPC by Patil Vasudha Satish Kumbhar Dhanashri Popat

Punishment under IPC by Patil Vasudha Satish Kumbhar Dhanashri Popat

A2Z Legal Knowledge - July 26, 2021

Introduction Crime is an act committed or omitted in violation of public law forbidden or commanding it. Thus crime is an act or omission done with guilty intention, which is forbidden by public law. The practice of awarding punishments is a very important part of the criminal justice system as it a form of society’s manifestation of the admonition of the crime by a collective conscience as specified by Durkheim. The object of the punishment in Manu’s words is- “ punishment governs all mankind; punishment alone preserves them; punishment…

Difference between Common Intention (sec. 34 IPC) and Common Object (sec. 149 IPC)

Difference between Common Intention (sec. 34 IPC) and Common Object (sec. 149 IPC)

A2Z Legal Knowledge - December 06, 2020

Background Before starting let us first have a background knowledge of the use of both these sections by courts. Sections 34 and 149 both resemble in some manner. In both sections, joint liability is created either because of common intention or of common object of the persons alleged to have committing the crime. Persons involving are punishable as sharers in an offence. 1st Case Study:   It is well settled by a catena of decisions that section 34 as well as section 149 deal with liability for constructive criminality i.e. vicarious liabilit…