Understand Section 34 of the Indian Penal Code with illustrations

Understand Section 34 of the Indian Penal Code with illustrations

Section 34 of the IPC plays a significant role under the Indian Penal Code. The section can be read with all offences covered under the IPC. If we talk about the various provisions of the Indian Penal Code, there is describe punishment and fines for all types of criminal activity an offender does. Most sections of the Act refer to the punishment and penalties for the criminal for the offence, which is based on an individual capacity. Our natural justice also believes that the offender must be punished for his wrongdoing, which is declared illegal by the law. 

But sometimes, offenders doing the wrong act are more than two; they are involved in the same activity of offence, and at that time it is difficult to judge any single offender among them. Because all of them play a role in criminal activity, in that situation, Section 34 IPC requires that their primary offence is the same, and according to that section, they are all guilty of the wrongdoing of the act which they commit with shared intention.  

Explanation of Section 34

We can understand that explanation via a case study when several people commit any criminal activity with the aim of a common intention. Here, one common thing is that they are in furtherance of the common intention to act illegally. They are all liable for that crime done by them in the same manner as if they did the crime in an individual capacity.

ILLUSTRATION

If some people come together on the road and attack a victim, they all run away after committing that crime. A victim meets death from the attack by them. Then, they are all known as having a common intention to beat a victim. In that situation, they are all liable for the offence of murder, which is covered under Section 302 of the IPC,  and additionally, Section 34 of the IPC also applies.

Difference between common intention and similar intention

The common intention and similar intention are both words that seem the same, which creates some confusion in our minds, but there is a difference between them. 

Common intention means any pre-planning of committing a specific crime. Held if several people come together with the same purpose to beat a person. They have a common intention to commit that crime. But during the crime, meanwhile, if any other person also joins their criminal activity and acts the same, then we can say that another person has similar intentions.

Also Read:

What are Criminal Intimidation, insult, and annoyance under IPC 1860?

What is Summary Trial under the Code of Criminal Procedure(CrPC)?

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