Section 34 of the Indian Penal Code (IPC) states that when two or more persons in furtherance of common intention of all do an act then each of such persons shall be held liable for that act in the same manner as if it were done by him/her alone. This section applies when there is a common intention amongst all the persons to bring about a particular thing.
It simply explains the concept of common intention, that if two or more persons share a common intention to commit a crime, each of them will be liable for the consequences of the other. This section is commonly used in cases of conspiracy.
The essential ingredients that must be present for section 34 of the IPC to be applicable are:
- Two or more persons must have a common intention to commit a crime.
- The crime must be committed by one or more of the persons in furtherance of their common intention.
Common intention implies that two or more persons had a prior agreement to work together to commit a crime. In such cases, the courts are of the opinion that each of the persons should be held liable for the consequences of the other.
This section is extensively used in cases of riots, arson, and cases of murder or any other heinous offenses. In such cases, it is difficult to ascertain the participation of each person in the crime. Thus, Section 34 of the IPC makes the task of the court easier by imposing criminal liability on all the persons who have a common intention. This section also helps to prevent any person from escaping criminal liability by claiming that he/she had no intention of committing any crime.
