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what is difference between provisions of sec 34 and 120A

30-Jul-2023
Criminal

Answer By law4u team

Section 34 and Section 120A are two distinct sections of the Indian Penal Code (IPC) that deal with different offenses. Let's understand the difference between these provisions: Section 34 of the Indian Penal Code (IPC): Section 34 deals with the principle of joint liability or common intention. It states that when a criminal act is done by several persons in furtherance of a common intention, each of those persons is liable for the act in the same manner as if it were done by them individually. This means that if two or more individuals act together to commit a crime, and there is a common intention among them to commit that crime, all of them can be held equally responsible for the criminal act. Section 34 is applicable when a criminal act is committed by multiple persons acting in concert with a shared intention. Section 120A of the Indian Penal Code (IPC): Section 120A deals with criminal conspiracy. It states that when two or more persons agree to do an illegal act, or an act that is not illegal by illegal means, such an agreement is designated as a criminal conspiracy. The agreement can be for committing an illegal act or a legal act by illegal means. It is essential that there must be an agreement among the individuals to do such an act. Section 120A is applicable when two or more individuals agree to commit a crime or an illegal act together. Difference: The key difference between Section 34 and Section 120A is that Section 34 deals with joint liability when a crime is committed by multiple persons with a common intention, whereas Section 120A deals with criminal conspiracy when two or more persons agree to commit an illegal act or an act by illegal means. Section 34 focuses on the act and its joint liability, while Section 120A focuses on the agreement or conspiracy to commit the act. It's important to note that these sections may be used in conjunction with other sections of the IPC to establish criminal liability, depending on the specific facts and circumstances of a case. Legal interpretation can vary, and for precise information about a particular case, it is best to consult with a qualified legal professional.

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