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Section 149 IPC differs from Section 34 in that Section 149:

Arequires identity of common intention shared by every member of the unlawful assembly (cf. IPC, Section 149 (read with Sections 141-142); Mizaji v. State of U.P., AIR 1959 SC 572)
Bapplies only where five or more persons participate in a riot punishable under Section 147 (cf. IPC, Section 149 (read with Sections 141-142); Mizaji v. State of U.P., AIR 1959 SC 572)
Cis a rule of evidence concerning corroboration of accomplice testimony, not liability (cf. IPC, Section 149 (read with Sections 141-142); Mizaji v. State of U.P., AIR 1959 SC 572)
Dcreates vicarious liability of every member of an unlawful assembly for offences in prosecution of the common object
Answer & Solution
Correct answer: D. creates vicarious liability of every member of an unlawful assembly for offences in prosecution of the common object
1. Section 141 defines an 'unlawful assembly' as five or more persons with a common object listed in the section. 2. Section 149 then provides: '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.' 3. This is constructive vicarious liability — wider than Section 34, which requires SHARED common INTENTION (a mental state), whereas Section 149 needs only common OBJECT. 4. Section 149 applies to any offence committed in prosecution of the common object, not only riots. 5. Hence option B is correct. _Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 149 (read with Sections 141-142); Mizaji v. State of U.P., AIR 1959 SC 572_
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