IPC Section 34
π Text of Section 34 IPC:
"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."
π Explanation in Detail:
Section 34 is not a substantive offence by itself. This means it does not define a crime, but it lays down a principle of joint liability when multiple persons act together with a shared intention to commit a crime.
β Key Elements of Section 34:
Criminal Act by Multiple Persons:
There must be a criminal act done by two or more persons.
The act must be the result of combined efforts.
Common Intention:
All the persons involved must share a pre-arranged plan or common intention.
The common intention can develop even on the spotβit doesnβt always have to be pre-planned.
Participation in Action:
All persons must have actively participated in the commission of the crime, not just stood by.
Equal Liability:
Each person is held equally liable for the act as if he alone had committed it.
βοΈ Purpose of Section 34:
It ensures that people who commit crimes together do not escape liability by claiming they didnβt physically carry out the criminal act. If they shared the intent and played a part, they are treated as equally guilty.
π Example to Understand Section 34:
Suppose A, B, and C plan to beat up D. A holds D down, B punches him, and C hits him with a stick. D dies from the injuries.
Even if only C delivered the fatal blow, A and B will also be held liable for murder, because:
They had a common intention.
They actively participated.
The act was done in furtherance of that common intention.
Thus, all three are guilty under Section 34 read with Section 302 (murder).
β Section 34 vs. Conspiracy or Abetment:
Section 34 requires participation in the act + common intention.
Conspiracy (Section 120A) requires agreement to commit a crime, not necessarily active participation.
Abetment (Section 107) involves instigating, aiding, or conspiring, but not always doing the act.
π§ Important Points:
No need for equal role in the act: Even if one person played a minor role, if he shared the intent, Section 34 applies.
Evidence of common intention can be direct or circumstantial.
Presence at the crime scene is not always necessary, but participation in the act or plan is.
π Conclusion:
IPC Section 34 is used to punish individuals who act in concert with others, sharing a common intention to commit a crime. The law treats them all as equally responsible, regardless of who did what, as long as they were acting together with a shared criminal purpose.
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