The relevant sections 34 and 149 of the Indian Penal Code in respect of this subject-matter of the liability for constructive criminality, i.e., liability for an offence not committed by the person charged, though postulate two different bases upon which these sections had been incorporated in this; ancient Code by its framers, yet they have a certain resemblance and may, to some extent, overlap. This article is simply meant to analyse such overlappings and the distinctions involved in the interpretations placed upon these two subtly distinguishable sections by the learned eminent Judged of the Supreme Court and the various High Courts of this land. The basis of constructive guilt under section 149, I. P. C., is mere membership of an unlawful assembly; the basis under Section 34 is participation in some action with the common intention of committing a crime. The first important Privy Council case which attempted to solve the knots of this confusion involved as to the ....