Section 34 of Indian Penal Code

In this article we will study about the Act done by Several Person in Furtherance of Common Intention which is mention under section 34 of Indian Penal Code It is the rule of Joint Criminal Liability.

Introduction

Ordinary every man is responsible for the criminal act done by himself. No man can be held responsible for the wrong or independent act done by other. The principle of criminal liability is that the person who had committed the wrong or offence is held liable for that and he can only be held guilty. However, Section 34 of Indian Penal Code makes an exception to this rule. It lays down the principle of Joint Criminal Liability. The essence of that liability is found in the word Common Intention and the accused is leading to doing of such criminal act in furtherance of such common intention.

Object

The provision is intended to meet the case in which it may be difficult to distinguish between act of an individual member of party who acts in furtherance of common Intention of all or to prove exactly what part was taken by each of them. The reason why all deemed guilty is such case is that presence of accomplices gives encouragement, protection, support to the person who actually committing the offence. The true content of the section are that when two or more person intentionally do an act jointly the position in law is such that each of them has done then act separately.

Section 34 of Indian Penal Code

Section 34 of Indian Penal Code recognizes the principle of vicarious liability in criminal jurisprudence. A bare reading of this section shows that the section could be dissected as follows:

1. Criminal Act done by several persons.
2. Such Act is done in furtherance of common intention of all.
3. Each of such member is liable for the act done in the same manner as if the act is done by him alone.

Participation

The dominants feature of section 34 of Indian Penal Code is the element of intention and participation in action. This participation need not to be in all cases by mean of physical presence. The Supreme Court has held that it is essence of the section that the person must be physically present at the actual commission of the crime and not in the actual room; he can for instance stand guard at the gate outside ready to warn his companions about any approach of danger or wait in a car on nearby road. But he must be present at the scene of accurance and must be participating.

Common Intention

The phrase common intention a pre oriented plan and acting in pursuance of that plan. Common intention must exist prior the commission of the act in the point of time. The common intention to give effect to a particular act may be developed at the spur of moment between a number of persons with reference to the facts of a given case. The common intention implies a pre arranged plan and acting in concert pursuant of that plan.

How to prove Common Intention

The common intention can be inferred from the circumstances and facts of each case and that the intention can be gathered from the circumstances as they arise even during an incidence. The court has to examine the prosecutions evidence in regard to the application of Section 34 of Indian Penal Code cumulatively and if the ingredients are satisfied, the consequences must follows. The court in most cases have to infer the intention from the act or conduct of the accused or other relevant circumstances of the case. In order to attract the Section 34 of the Indian Penal Code, the complainant must, prima facie, reflect the common prior concert or plaining amongst all the accused.

Get the detailed notes of Section 34 and Section 149 of Indian Penal Code by clicking below.

Section 34 of Indian Penal Code Part 1

Section 34 of Indian Penal Code Part 2

Difference between Section 34 and 149 IPC

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