Section 34 IPC: Acts Done by Several Persons in Furtherance of Common Intention

Section 34 of the Indian Penal Code, 1860 laid down the principle of joint criminal liability where several persons act in furtherance of a common intention. This article explains the provision as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Text of Section 34 IPC

Historical note: Section 34 was substituted by Act 27 of 1870, section 1.

Meaning and purpose of Section 34 IPC

Section 34 did not create a separate substantive offence. It supplied a rule for fixing joint liability when a criminal act was carried out by several persons in furtherance of the common intention shared by them. Its practical importance arose where participants played different roles and it was difficult to isolate the precise physical act of each participant.

Essential ingredients

For liability with the aid of Section 34, the prosecution had to establish the factual basis for a common intention and participation in the criminal action in furtherance of that intention. The acts performed by individual participants did not have to be identical; what mattered was their connection with the common intention and the resulting criminal act.

1. Criminal act by several persons

The provision contemplated concerted criminal action involving more than one person. The expression "criminal act" was considered in the context of the ultimate result of the joint action rather than merely an isolated physical movement by one accused.

2. Common intention

Common intention meant a shared intention relating to the criminal act. Its existence was a question of fact and could be inferred from the conduct of the accused, surrounding circumstances, nature of the attack, weapons used, acts before and during the occurrence, and other proved circumstances. Mere presence or association, without proof supporting the required common intention, was not by itself enough.

3. Act in furtherance of the common intention

The criminal action had to be in furtherance of the common intention. A common intention could exist beforehand or develop during the occurrence, but it had to precede the criminal act for which joint liability was sought to be imposed.

Is a separate overt act necessary?

A distinct overt act by every accused was not invariably necessary once the required common intention and participation in the joint criminal action were proved. At the same time, Section 34 could not be applied merely because several persons were present at the scene or because one accused committed an offence in the company of others. The evidence had to establish the shared intention required by the provision.

Common intention and similar intention are different

Persons may independently have similar intentions without acting pursuant to a common intention. Section 34 required the shared or common intention connecting the participants with the criminal act. Courts therefore examined the totality of the proved circumstances instead of assuming joint liability merely from similarity of conduct.

Effect of Section 34

Where its requirements were established, each participant could be held liable for the criminal act in the same manner as if that act had been done by that person alone. Section 34 was therefore ordinarily read with the substantive penal provision defining the offence alleged in the particular case.

Related IPC provisions

For the statutory context, see Section 32 IPC - words referring to acts include illegal omissions, Section 33 IPC - act and omission, Section 35 IPC - criminal knowledge or intention, Section 37 IPC - co-operation in acts constituting an offence, and Section 38 IPC - persons concerned in a criminal act may be guilty of different offences.

Section 34 IPC before the BNS

This page is retained as an IPC reference for the law applicable before implementation of the Bharatiya Nyaya Sanhita, 2023. Questions concerning an occurrence must be considered with reference to the law applicable to that occurrence and the relevant saving and transition provisions.