section 34 indian penal code

INDIAN PENAL CODE

Section 34: Acts Done By Several Persons In Furtherance Of Common Intention

34: 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.

COMMENTS

`Act’ does not create a substantive offence and applies even if no charge is framed under any section. It is only a rule of evidence. The person must not be physically present at the actual commission of the crime. Distance cannot exclude culpability of such co-accused.–R.S. Budhwar v. UOI 1995 (34) DRJ 426(DB) : 1995(58) DLT 339

Common intention means a pre-arranged plan in which several persons intend to do and do an act. All are guilty of the principal offence. There must be meeting of mind to commit an offence.– Paramjit Singh v. State 1983(23) DLT 338 : 1983(1) Crimes 1120

The section contemplates the doing of an act by several persons as principals and not as principal and agent.–Narain v. State 1982 DRJ 258 : 1982(21) DLT 256

It is necessary that intention of each one of them is known to the rest of them and shared by them.

(Section 34) Subs. by Act 27 of 1870, sec. 1, for the original section.