Section 34 of The Indian Penal Code, 1860 – Joint Liability

section 34 of the Indian Penal Code IPC Joint Liability

Introduction to Section 34 of the Indian Penal Code, 1860

Section 34 of The Indian Penal Code, 1860

Acts done by several persons in furtherance of common intention.—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.

Understanding the Principle of Joint Liability in Criminal Cases

Section 34 of the Indian Penal Code (IPC) deals with the principle of joint liability in criminal cases. According to this section, when a criminal act is committed by several persons in furtherance of a common intention, each of them is liable for that act in the same manner as if it were done by him alone.

Defining the Principle of Constructive Liability or Common Intention

In other words, if two or more persons have a common intention to commit a crime and in furtherance of that intention, they do a criminal act, then each of them is equally responsible for that act as if he had done it alone. This is known as the principle of constructive liability or common intention.

Illustration of Section 34 IPC: A Case Scenario

For example, if A, B and C plan to rob a bank and in the process of committing the robbery, A shoots a security guard, all three of them can be held equally responsible for the murder of the security guard even though only A pulled the trigger. This is because they had a common intention to commit the robbery and the murder was committed in furtherance of that intention.

The Role of Section 34 IPC in Criminal Prosecution

Section 34 of IPC is often invoked in cases where it is difficult to prove the exact role played by each accused in the commission of the crime.

Conclusion: The Implications of Section 34 IPC

It ensures that all those who were involved in the crime are held responsible and no one can escape liability by claiming that they did not personally commit the act in question.