Introduction : Sec. 34 of the IPC
Sec. 34 of the IPC deals with the liability of multiple persons for a crime committed in furtherance of a common intention. This means that each of the persons involved in a crime is liable for the full consequences of the crime, regardless of their individual role. In this article, we will discuss the key aspects of Section 34 of the Indian Penal Code, including the definition of a common intention, the application of the section, and the exceptions to the section.
Definition:
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.
Ingredients
The following are the ingredients of Section 34 of the IPC:
- There must be two or more persons involved.
- They must have a common intention to commit a crime.
- The crime must be committed in furtherance of the common intention.
Explanation : Common intention
A common intention is an agreement between two or more persons to commit a crime. The agreement does not have to be express; it can be implied from the circumstances.
For example, if two people are seen walking together towards a bank, and one of them is carrying a gun, it can be inferred that they have a common intention to rob the bank.
The crime must be committed in furtherance of the common intention. This means that the act must be done with the intention of achieving the common goal.
For example, if two people agree to rob a bank, and one of them drives the getaway car, the driver is still liable for the robbery, even though they did not actually enter the bank.
Rule of Joint Liability
Section 34 of the IPC creates a rule of joint liability. This means that each of the persons involved in the crime is liable for the full consequences of the crime, regardless of their individual role.
For example, if two people agree to rob a bank, and one of them is killed by the police, the other person is still liable for murder.
Know More: Sec.323 of the IPC
Sec. 420 of the IPC
Sec. 482 of Cr.PC
Exceptions to Section 34 :
There are a few exceptions to Section 34. One exception is where the person did not know about the common intention. For example, if A and B agree to rob a bank, but C is unaware of their plan, C is not liable for the robbery even if he helps A and B carry out the plan.
Another exception is where the person is only a minor. A minor is not criminally liable for their actions, unless they are of the age of discretion (which is 12 years old in India).
Application of Sec. 34
Section 34 is often applied in cases of gang violence, riots, and other crimes that are committed by multiple people. It is also used in cases where one person is an accomplice to the crime of another person.
For example, if A knows that B is going to commit a crime, and A helps B to commit the crime, then A can be held liable for the crime under Section 34, even if A did not actually participate in the crime.
Section 34 of the IPC is a broad provision that can be applied to a wide range of crimes. Some examples of crimes that can be covered by Section 34 include:
- Murder
- Robbery
- Theft
- Assault
- Rioting
- Kidnapping
- Extortion
Here are some additional things to keep in mind about Sec. 34 of the IPC:
- The section does not apply if the person did not know about the common intention. For example, if A and B agree to rob a bank, but C is unaware of their plan, C is not liable for the robbery even if he helps A and B carry out the plan.
- The section also does not apply if the person is only a minor. A minor is not criminally liable for their actions, unless they are of the age of discretion (which is 12 years old in India).
- The offence under section 34 is bailable and cognizable
- The punishment for the offence is the same as that of the offence committed in furtherance of the common intention.
Conclusion
Section 34 of the IPC is an important provision that helps to deter crime. It ensures that everyone who is involved in a crime, even if they do not actually commit the physical act, is held accountable for their actions. This can help to discourage people from joining gangs or other criminal organizations, as they know that they could be held liable for the crimes committed by the group.
