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    Question

    Mark the incorrect response with respect to Sections 34

    and 149:
    A Section 34 is an explanatory clause which creates no specific offence Correct Answer Incorrect Answer
    B Section 149 creates a specific offence in the membership of an unlawful assembly itself Correct Answer Incorrect Answer
    C Section 34 deals with common intention and Section 149 deals with common object Correct Answer Incorrect Answer
    D Section 149 requires some overt act to be done Correct Answer Incorrect Answer

    Solution

    Section 34. Acts done by several persons in furtherance of common intention—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 it were done by him alone. Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object—If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

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