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Ipc 34
Ipc 34
Ipc 34
Introduction
In criminal law, ‘intention’ has a significant place. With regard to the supreme form of
the mental element, it is applicable to heinous crimes. The Indian Penal Code, 1860
does not define the word ‘Intention’, however, Section 34 is concerned with ‘common
intention’.
In common intention, there must be a prior meeting of mind and unity, as well as
there is an obvious act that must be performed in the progression of the common
intention of all.
On the other hand, the common object may be developed without a preliminary
meeting of mind. It is possible that the common object of the unlawful assembly is one
however, the intention is different.
Common Intention
Section 34 makes no mention of any specific offence. It establishes the rule of evidence
that if two or more people commit a crime for the same purpose, they will be found
jointly accountable.
The section can be explained as if two or more people commit any criminal offence
and with the intent of committing that offence, then each of them will be liable for that
act as if the act was committed by them individually.
All the persons who share common intention and are all involved in the act are jointly
liable for the crime. It is immaterial what amount of participation they have in the act,
but their liability is equal to that of the main offender.
Example
Barendra Kumar Ghosh with 3 other members went for post office robbery and
demanded money. In the meantime, they open their firearms, killed the postmaster and
start running but somehow Barendra Kumar Ghosh was caught with the gun in his hand
and handover to the police.
Later on, he was tried with Section 302/34 of the IPC, and the session court and the High
Court passed the death sentence. The accused denied his charge on the ground that he
was simply standing outside the door and had not fired the deceased.
The Calcutta High Court held that they also serve those who stand and wait. It is not
necessary that the participation of all persons should be equal. One may do more,
and one may do less. But that doesn’t mean that the person who did less shall be free
from liability. His liability is the same.
Chapter VIII of the IPC deals with the offence against public tranquility (Section 141-
160). Section 149 of the IPC deals with the ‘common object’ as if an offence is
committed by any member of an unlawful assembly in the prosecution of the common
object of the assembly or such as the member of that assembly knew to be likely to be
committed in prosecution of that object, every person who at the time of the committing
of that offence, is a member of the same assembly, is guilty of that offence.
The Supreme Court has held that this section doesn’t create a separate offence but
only declares the vicarious liability of all the members of the unlawful assembly.
Common Object
The offence must be committed in accordance with the common object of unlawful
assembly. It must be seen that common objects are fulfilled by unlawful assembly.
The Supreme Court in Yunis v. Madhya Pradesh State (2002) held that the presence of
the accused as part of an unlawful assembly was sufficient for the conviction to be
held. The fact that the accused was a participant of the unlawful assembly and his
presence on the spot of the event is adequate to hold him liable even if he is not accused
of any overt act. However, mere presence in an unlawful assembly cannot make an
individual responsible unless he is acting by common object and that object is one of the
objects set out in Section 141.
Conclusion
Section 34 and Section 149 make an individual vicariously responsible for his companions’
actions.
Both sections cannot always be provided with direct proof, and it should be inferred from the
facts and conditions of the case.
A common object differs from a common intention in the sense that it doesn’t need a
preliminary concert and consensus before the offence takes place.
Further, in the cases of joint liability, the co-accused who was involved in a crime, under
common intention and common object, is entitled to equal criminal liability subject to certain
exceptions.