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Report No. 156

1. Common intention and common object - sections 34 and 149.-

In cases where accused are tried constructively by application of section 34 or 149 and where some of them are acquitted on some ground or the other, the remaining whose participation conjointly though established, are also being acquitted on the simple ground that requisite number of such accused is less than two or five.

It needs therefore a further examination whether sections 34 and 149 be amended to make a single accused also be constructively liable ultimately of an offence, when even though such an accused was charged along with other accused, but who are acquitted, if the Court finds that such single accused along with one or more accused conjointly committed the offence.



The Indian Penal Code Back




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