Section 34 IPC of the (Indian Penal Code) is a key section about criminal law. It talks about “common intention” and how a criminal can be held responsible for the actions of other members of the group. For anyone researching or working with Indian criminal cases, understanding this section is essential.
What is Section 34 IPC?
The general principles of criminal liability state that the individual or person who commits the act bears the primary responsibility and that only that person may be found guilty and punished for the crime committed. Nonetheless, the concept of “common purpose,” which appears in criminal law doctrine around the world, is addressed in several sections of the Indian Penal Code.
This theory states that the accused would be prosecuted for the crime committed by the other individual if the conduct was carried out as part of a mutually agreed-upon plan between the accused and the other individual or individuals. One such section is Section 34 of the IPC.
The object of Section 34 IPC
Section 34 is meant to address a situation where it might be hard to distinguish between illegal acts carried out by specific party members who were supporting a shared goal or to demonstrate exactly what part each of them played. When someone is truly engaged in illegal activity, the presence of an accomplice provides them with help, confidence, support, and safety. For this reason, all of them are found guilty in such cases. As a result, even though neither member of the group engaged in the specific behaviour in question, anyone found to have participated in the commission of a criminal offense is held responsible for his actions. There needs to be a clear objective, and everyone in the group should strive to achieve it. This clause holds accountable every person who participates in the commission of a crime for their involvement in the unlawful act.
Nature of Section 34 IPC
Section 34 merely offers a general definition of joint culpability. It doesn’t lead to any noteworthy or suitable offense. There’s no mention of any particular transgression. A group of people may be held jointly accountable for an IPC offense if they commit the crime intending to achieve a common goal. For any offense specified in Section 34 IPC, two or more people may be found liable if the requirements of that section are fulfilled. Thus, the nature of the act committed and the nature listed in the Sections under which the accused is charged determine whether an offense is cognizable, non-cognizable, bailable, or non-bailable.
Difference Between Common Intention and Same Intention
Section 34 of the Indian Penal Code requires that all parties have the same intention to be invoked. Despite their apparent similarity, the terms “same intention” and “common intention” are not the same. A pre-arranged plan or prior agreement reached before the act’s commitment is known as a common intention. Anything that everyone has in the same amount is referred to as “common.” They usually share some kind of object, purpose, or goal. Conversely, the same intention is not the same as a common intention since it does not require any kind of prearranged gathering, discussion, or planning.
The Goal of Section 34 IPC
In situations where it may be difficult to discern between criminal acts committed by individual party members acting in support of a common goal or to precisely prove each member’s role, Section 34 of the IPC is designed to address such situations. When there is an accomplice, the person committing the crime benefits from their assistance, confidence, protection, and support, which is why they are all found guilty in these situations.
Consequently, even though none of the group members carried out the particular action in question, each person engaged in the commission of a criminal offense is held accountable for his involvement in the act. Every member of the group must have the achievement of a particular goal as their ultimate objective. Any person who commits a crime is subject to accountability under this article due to their involvement in criminal activity.
Need of Section 34 IPC
An essential part of Indian criminal law is Section 34. It establishes a general provision that can be used when determining the exact level of responsibility and guilt of the parties or individuals involved in a joint criminal act is difficult to determine. Section 34 assists in determining accountability for each individual when it is difficult to establish liability for actions taken in support of the common goal of all parties involved.
What to do if charged under Section 34 IPC
In India, facing charges of a crime is a serious matter. A criminal case is challenging for both the victim and the accused. In India, someone found guilty of a crime could face severe penalties. It is equally challenging, though, for the petitioner to substantiate the accusations made against them. For this reason, the defendant and the petitioner need to get ready for the hearing. Before and after being arrested, the person involved in such a case needs to be aware of all of his or her rights. For this reason, both parties are required to retain the services of their attorneys. It is also advisable to create and document a chronology of the incidents so that the attorney can more readily become informed about the case. This will also help the attorney create a strategy for winning the cases and convincing the judge to find in your favor. The attorney can provide you with advice regarding possible defenses, probable plea deals, and the expected result of the trial based on the specifics of your case.
Moreover, it is imperative to have a comprehensive understanding of the laws about a criminal case. To ensure that they understand the process and the relevant laws, they should speak with their attorney.
Punishment
No specific penalty has been specified for illegal conduct committed jointly by two or more people (in pursuance of common intention) because Section 34 only provides a general description of what constitutes joint accountability. This Section is merely an independent rule of evidence. It doesn’t result in a serious offense. Section 34 creates a concept of culpability by stating that if two or more people break the law or commit a crime under the Indian Penal Code, both (or all) will be held accountable for that crime.
However, section 34 does not by itself constitute any distinct or clear offense. The sentences under Section 34 will therefore be equivalent to the penalties levied for crimes covered by the Indian Penal Code.
Constructive responsibility is defined in Section 34 of the IPC, where the essential element of culpability is the accused parties’ shared intention. Since Section 34 cannot be an offense in and of itself, both Sections—that is, the section defining the criminal offense and the section establishing joint culpability (Section 34)—must be applied whenever criminal conduct is committed by two or more persons. For instance, both parties may face consequences under Section 34 and Section 302 of the IPC if a murder is carried out to achieve a common objective.
Bail in a Section 34 IPC case
As was already mentioned, Section 34 is a general provision that covers any offense (under the IPC) carried out to achieve a shared goal. Therefore, the accusation made against the accused determines whether or not you are eligible to receive bail for a bailable offense. For instance, if the accused is charged with murder, Section 302 of the IPC states that murder is not a crime for which bail is granted, so he or she will not be granted bail on that basis. Similar to this, depending on the specifics of each case, the accused will probably be granted bail if two or more people are charged with a crime for which bail is required.
Conclusion
In criminal cases, Section 34 of the Indian Penal Code is essential for establishing joint liability because it makes sure that people who have a common criminal intent are held responsible for each other’s actions. When discussing criminal law complexities where it may be challenging to discern individual roles within a collective act, this section is crucial.
