Section 35, which complements the main rule laid down in sec 34… (iv) section 34 requires some act, however small, to the done whereas under section 149 mere membership of the assembly is sufficient. On August 3rd 1923, the Sub-Post-Master at Sankaritolla Post Office was counting money at his table to the back room, when several men appeared at the door, demanded of him to give up the money. ➜ Bangladesh Law Digest organises seminar on law and literature at CU, ➜ 3rd BDLD seminar on ‘Criminal Sentencing in Bangladesh’. The concurrent findings of the courts below were that the appellant was in possession of duplicate keys of the burgled godown found missing from the factory and that he was present at the weigh bridge. Abuse of Power by Bangladeshi Police and Legal Implications. Once this is formed each member of the unlawful assembly will be liable for any offence committed in furtherance of the common object even though he might not have done it with his own hands. Section 34 of the Penal Code deals with common intention: it merely enunciates a principle of joint liability for criminal acts done in furtherance of common intention of the offenders. September 1, 2013. It started its journey on June 2, 2015 with a view to providing the lawyers, legal researchers and law students with a brilliant platform to dissect, analyze and synthesize various issues pertaining to the legal field. ASSISTANCE BY ATTORNEY GENERAL. Acts 2013, 83rd Leg., R.S., Ch. [5] (1945 Law Weekly [Madras] Vol. (4) finances or invests or intends to finance or invest funds that the person believes are intended to further the commission of criminal activity. It implies a pre-decided plan and acting in accordance to execute that plan. (2) conducts with the financial institution or an insurer, as defined by Article 1.02, Insurance Code, a transaction concerning funds involved in an offense under Section 34.02. (4) "Proceeds" means funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of: (B) conduct that constitutes an offense under Section 151.7032, Tax Code. Section 109 may, on the other hand, be attracted even if the abettor is not present when the offence abetted is committed provided he has instigated the commission of the offence or has engaged with one or more persons in the conspiracy to commit an offence and in pursuance of that conspiracy some act or omission takes place or has intentionally aided commission of an act or illegal omission. In the case of Abdul Awal Vs. Explanation- An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. The method adopted for the commission of a crime is the main element based on which the vicarious liability is fixed under Sections 34 and 149 of the Indian Penal Code (I.P.C). When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone. Principles of Joint Liability with Special Reference to Sections 34, 109... (i) The common intention may be of ‘several persons’, i.e., more than one person. The State[20] learned Sessions Judge Nilphamary convicted and sentenced six accused persons under section 302/149 of the Penal Code. It means, that if two, or more persons intentionally do a thing jointly it is just the same as if … The act here is not the picking the godown lock but house-breaking and criminal house trespass. The latter was found guilty under s. 302, I.P.C. (iv) Section 149 is wider and is applicable not only where the act done was the same as was intended but also where it is a different act, provided it is immediately connected with the common object of the assembly or an act which the members of the assembly knew to be likely to be committed in prosecution of that object. And this is the role of accused No.2 according to the Courts below. Sec. (D) currency or its equivalent, including an electronic fund, a personal check, a bank check, a traveler's check, a money order, a bearer negotiable instrument, a bearer investment security, a bearer security, a certificate of stock in a form that allows title to pass on delivery, a stored value card as defined by Section 604.001, Business & Commerce Code, or a digital currency. 1251 (H.B. What is abetment is explained in section 107of the Penal Code. The rational basis of this form of vicarious liability is in the first place evidential. September 1, 2015. 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