Section 34 of the Indian Penal Code deals with acts done by several persons in furtherance of common intention. According to it " 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 of Section 34 of Indian Penal Code (acts done by several persons in furtherance of common intention) :-
To attract the principle of joint liability under section 34 there should be -
1. Some criminal act.
2. Criminal act done by more than one person.
3. Criminal act done by such persons in furtherance of the common intention of all of them.
4. Common intention in the sense of a pre arranged plan between such persons.
5. Participation in some manner in the act constituting the offence by the persons sought to be prosecuted.
6. Physical presence at the time of commission of crime of all the persons, but physical presence of all is not necessary in some cases.
Criminal act used in section 34 does not refer to individual acts where a crime is committed by a group of persons. Where a crime is committed by several persons in furtherance of common intention of all of them, each of them doing some act, similar or diverse, big or small shall be liable for that act. That act refers to the 'criminal act' used in section 34 which means the unity of criminal behavior which results in something for which an individual would be punishable if it were all done himself alone in an offence.
Section 34 enunciates the principle of joint liability. If two or more persons intentionally do an act jointly, it is just the same as if each of them had done it individually. This section was meant by the framers of the Code to deal with those cases where it may be difficult to distinguish precisely the part taken by each individual; it was deemed necessary to declare all the persons liable for the criminal act.
However, section 34 is only a rule of evidence and does not create a substantive offence. The distinctive feature of the section is element of participation in action.
Also read - 9 Major Differences Between Common Intention And Common Object.
Landmark Judgements on Section 34 of The Indian Penal Code.
Principles of Section 34 (Common Intention) Of The Indian Penal Code :-
In Mahboob Shah Vs Emperor 72 I.A. 148 (P.C) the Privy Council laid down the following principles:-
1. Under Section 34 of the Penal Code, essence of liability to be found in the existence of a common intention animating the accused leading to the doing of a criminal act in furtherance of such intention.
2. To invoke the aid of Section 34 successfully, it must be shown that the criminal act complained against was done by one of the accused persons in furtherance of the common intention; if this is so then liability for the crime may be imposed on any one of the persons in the same manner as if the acts were done by him alone.
3. Common intention within the meaning of section 34 implies a pre- arranged plan, and to convict the accused of an offence applying the section it should be proved that the criminal act was done in concert pursuant to the pre- arranged plan.
4. It is difficult, if not impossible, to procure direct evidence to prove the intention of an individual, in most cases it has to be inferred from his act or conduct or other relevant circumstances of the case.
5. Care must be taken not to confuse same or similar intention with common intention; the partition which divides "their bounds" is often very thin nevertheless, the distinction is real and substantial and if overlooked will result in miscarriage of Justice.
6. The inference of common intention within the meaning of the term under section 34 should be reached unless it is a necessary inference deductable from the circumstances of the case.
References -
Ratanlal & Dhirajlal- THE INDIAN PENAL CODE-33rd Edition
Criminal Law: Cases and Materials - Sixth Edition - K.D.Gaur
Prof. S.N.Misra - INDIAN PENAL CODE- 15th Edition
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