May 4, 2024

Understanding the meaning of “common intention” can be crucial especially when it comes to criminal law because it significantly affects how culpable each individual is for what they did. This concept is embodied in Section 34 of the Indian Penal Code (IPC), which outlines the legal consequences whenever two or more people act in tandem with the intent of committing a crime.

Section 34 IPC

  • The Indian Penal Code (IPC) addresses actions taken by multiple people to pursue a common intention in Section 34. This clause holds two people who commit a crime together and with the same intent equally accountable for its results.
  • According to section 34 ipc, each individual has the same legal responsibility for criminal conduct carried out by multiple people in support of a similar goal as if the crime had been committed by him alone. Put another way, if two or more people act with the intent to commit a crime, they share equal responsibility for the results of that action.
  • When it is difficult to establish individual culpability for actions taken in support of the shared goal of all participants in a criminal act carried out by a group, Section 34 aids in determining individual accountability.

common intention ipc: Why it is Needed?

  • An essential component of Indian criminal law is Section 34 IPC. It establishes a general rule that can be applied in situations when it is difficult to establish the precise degree of guilt and culpability of the parties or individuals involved in a joint criminal act.
  • In order to establish personal responsibility for actions taken in furtherance of the collective objective of all parties concerned, Section 34 of the Indian Penal Code provides assistance.

common intention: Important Ingredients

  • A Criminal Offense Carried Out by Several Persons: The most important requirement is that multiple individuals engage in criminal activity. Either engaging in illegal activity or abstaining from it is required. While the actions of different accomplices in criminal activity may vary, they must all cooperate or participate in the illicit enterprise in some capacity.
  • Everyone’s Common Intention to Carry Out the Illegal Act: The fundamental element of joint culpability under Section 34 of the IPC is the presence of a shared intention among all members of that group to commit a criminal act in order to achieve that shared objective.
  • Everyone Involved in Carrying Out the Act: It takes the commission of a crime by the whole group for there to be joint accountability. The court must conclude that some unlawful activity was carried out with the group’s assistance in order to fulfil their shared goal. The person who starts the crime or helps to carry it out must physically carry out an act to make the actual (planned) crime easier to commit.

section 34 ipc punishment

  • Given that section 34 ipc does not identify any distinct offense and is instead a rule of evidence. The offence the convict committed will be combined with the penalty under Section 34.
  • For instance, charges under Section 307 along with Section 34 of the IPC will be brought against X if three others surround him with the purpose of killing him. The penalty will be computed as ten years in jail, a fine (for the attempt to commit murder), and any further punishment the court deems necessary (under Section 34 IPC).

section 34 ipc landmark cases

  • In the case ofthe State of Rajasthan v Bhera Ram, the Supreme Court discussed how Article 34 should be applied. The court stressed that each accused person must have had a clear intention to commit the same act in order to invoke Section 34’s requirements. Only their physical presence at the crime scene can prove an individual’s active participation and common intention; mere presence alone is insufficient.
  • In the case of Machhi Singh and others v State of Punjab, the case addressed the idea of common intention even though its main focus was on the death penalty. The Supreme Court ruled that, regardless of who delivered the final blow, all accused parties shall be held equally accountable when they work together to perpetrate a horrible crime, like murder. The requirement that the common intention be proven beyond a reasonable doubt was highlighted by the court.

When multiple people commit the same crime, it might be more difficult to determine the role and motivation of each perpetrator. In these situations, the concept of shared accountability is used. It is essential that the accused actively engage in unlawful activity while understanding the repercussions and have the same goal. The shared goal must, however, be incidental to the case’s circumstances and the accused’s actions and behaviour.

Section 34 IPC FAQs

  1. What is the conclusion of Section 34 of the IPC?

According to Section 34 of the IPC, each individual is accountable for the criminal conduct as though they were the only ones who committed it when it is carried out by multiple people with the same intent.

  • How to disprove section 34 IPC?

Proof of a shared intention is what’s needed. Therefore, in the event that an offense occurs without a common intention, Section 34 IPC is not applicable.

  • Is physical presence necessary for section 34 IPC?

It was decided that the accused had to be present in person when the conduct was being committed because there was physical violence involved. Then and only then, since his mere presence constitutes participation, can he be held accountable under Section 34.

  • What is the limitation of section 34?

According to Section 34(3), the Court will not consider an application to set aside an award if it is submitted more than three months after the applicant received the arbitral award.

  • What is the purpose of Section 34 IPC?

The actions carried out by multiple people in support of a single goal are specified in Section 34 of the IPC. According to this clause, each individual who commits a criminal act on behalf of the group as a whole will be held accountable for it in the same way as if they had done it alone.

  • What is IPC section 34 charge?

According to Section 34 of the Indian Penal Code of 1860, any individual who commits a crime in furtherance of a common objective is held accountable for the offense as though they were the only one who did it. The ‘joint liability’ provision departs from a fundamental principle of criminal law.

  • What is the difference between Section 34 and 35 of the IPC?

Section 35 of the IPC presents the idea of “similar intention,” while Section 34 of the IPC discusses “common intention.” The main distinction between the two ideas is that shared and recognized intentions characterize common intention.

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