Section 34 of The Indian Penal Code, 1860 | Criminal Law for Judiciary Exams PDF Download

Introduction

• Section 34 of the Indian Penal Code, 1860 establishes that when a criminal act is done by several persons in furtherance of the common intention of all, each individual is held liable as if they committed the act alone.
• This section emphasizes the significance of establishing common intention and essential elements for convicting an accused under this provision.
• It distinguishes joint liability from vicarious liability, stating that mere presence without common intention does not make one vicariously liable for another's actions.
• Section 34 shares similarities with Section 149 and is often deliberated upon by Indian judicial bodies, as they both hinge on proving 'common intention'.
• Key court judgments like Parichhat v. State of M.P and Jagan Gope & Ors. v. State of West Bengal have outlined tests to establish an offense under Section 34, emphasizing pre-requisites like a pre-arranged plan, participation, and common intention.

Ingredients and Their Application to Constitute an Act under Section 34

• Criminal Act: In criminal law, a criminal act encompasses the unity and coherence of criminal behavior that leads to punishable actions, forming an offense. For instance, if multiple individuals collaborate in a way that each would be liable if acting alone, it constitutes a criminal act.
• Common Intention: Common intention to commit a crime is crucial for Section 34. This intent can develop at the time of the offense, requiring a simultaneous consensus among the individuals involved. Direct evidence of common intention is not always necessary and can be inferred from the circumstances of the case.
• Presence at the Place of Offense: The offender must be physically present at the location where the crime is committed, either to facilitate or promote the offense. This physical presence plays a significant role in determining individual liability under Section 34.
• Facilitation of Crime or Promotion of Venture: It is imperative for the accused to be present at the scene of the offense to facilitate or promote the criminal act. This active involvement in the joint criminal venture is a key element in establishing liability under Section 34.
• Participation in the Commission of Offense along with Common Intention: Both participation in the offense and common intention are essential for Section 34. If either element is missing, the case cannot be established under this section. Common intention coupled with active participation is crucial for invoking Section 34.
• Pre-arranged Plan: A pre-arranged plan is necessary for Section 34 cases. Evidence of such planning, when combined with the facts of the case, helps establish the existence of common intention. This planned coordination among the perpetrators signifies a shared criminal intent.

Relation and Difference Between Section 34 and Section 149

Shared Liability in Offences

• Both Section 34 and Section 149 of the Indian Penal Code deal with situations where multiple individuals share liability for offenses they commit.
• When five or more individuals collectively participate in or intend to commit an act, these sections may be applicable.
• The determination of which section applies can depend on the specific facts and circumstances of each case.

Overlap and Interrelation

• The court has acknowledged that Sections 34 and 149 overlap to some extent in their application.
• Both sections involve groups of individuals who are held vicariously responsible for each other's actions.

Key Differences

• Section 34 is not an offense by itself, whereas Section 149 constitutes an offense.
• Active participation, especially in crimes involving physical violence, is necessary under Section 34, but not under Section 149.
• Section 34 operates based on the principle of common intention, while Section 149 considers common object, which has a broader scope.
• For Section 149, a minimum of five members with a common object is required, whereas Section 34 requires two or more individuals with a common intention to commit an act.

Conclusion

• Section 34 of the Indian Penal Code is significant when combined with other sections to establish an offense.
• It is applied in situations where multiple individuals are involved in committing an offense to determine joint liability.
• For Section 34 to be applicable, there must be a criminal act performed with common intention.
• The accused individuals must be present at the scene of the offense and actively participate, facilitate, or promote the crime as part of a pre-arranged plan.