Section 35 IPC - Criminal Knowledge or Intention of Several Persons

Section 35 of the Indian Penal Code, 1860 dealt with the liability of several persons who joined in an act that became criminal because it was done with a particular criminal knowledge or intention. This article explains the provision as applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Legal position covered: This page explains Section 35 IPC under the law applicable before 1 July 2024. The Bharatiya Nyaya Sanhita, 2023 came into force from 1 July 2024, subject to the commencement notification and its stated exception. For offences and proceedings involving the earlier IPC regime, the applicable law and savings provisions should be considered according to the facts and date of the alleged offence.

Section 35 of the Indian Penal Code 1860

Section 35 - When such an act is criminal by reason of its being done with a criminal knowledge or intention.

Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

Meaning and Scope of Section 35 IPC

Section 35 addressed a situation in which several persons took part in the same act but criminal liability depended upon the presence of a particular criminal knowledge or intention. The provision linked liability to the mental element of each participating person. A person joining the act with the required criminal knowledge or intention could be held liable as though that person had performed the act alone with that mental state.

The provision therefore required attention not merely to participation in an act, but also to whether the particular person participated with the knowledge or intention that made the act criminal.

Essential Ingredients of Section 35 IPC

An act must be done by several persons.
The act must be criminal because it is accompanied by a particular criminal knowledge or intention.
The person whose liability is in question must join in that act.
That person must join with the criminal knowledge or intention required for the act.
Where these conditions are established, that person is liable in the same manner as if the act had been done by that person alone with the required knowledge or intention.

Criminal Knowledge and Criminal Intention

The expressions "knowledge" and "intention" concern the mental element accompanying conduct. Their precise significance depends upon the offence involved. Section 35 did not create one universal definition of criminal intention or criminal knowledge for every offence. Instead, it operated where the substantive offence became criminal by reason of the knowledge or intention with which the act was done.

Accordingly, the relevant mental element had to be examined with reference to the particular offence alleged. Participation alone did not dispense with the requirement contained in Section 35 that the person join the act with the necessary knowledge or intention.

How Section 35 Operated

The central function of Section 35 was to attribute liability to each participant who possessed the required criminal state of mind. Where several persons were involved in an act, the provision focused on whether an individual participant joined with the knowledge or intention that rendered the act criminal.

Requirement	Meaning under Section 35 IPC
Several persons	More than one person is involved in doing the relevant act.
Criminal act	The act is criminal because of the criminal knowledge or intention accompanying it.
Participation	The person concerned joins in the act.
Mental element	The participant joins with the knowledge or intention required to make the act criminal.
Effect	The participant is liable as if the act had been done by that person alone with that knowledge or intention.

Section 35 and Section 34 IPC

Section 34 IPC dealt with a criminal act done by several persons in furtherance of the common intention of all. Section 35 used different language. It dealt with an act that was criminal because of criminal knowledge or intention and imposed liability upon each person who joined the act with that required knowledge or intention.

The provisions should therefore be read according to their respective statutory requirements rather than treated as interchangeable formulations.

Related IPC Provisions

Section 35 formed part of the IPC's general provisions and is best understood with neighboring sections. Section 33 IPC explained the meaning of "act" and "omission"; Section 34 IPC concerned acts done by several persons in furtherance of common intention; Section 36 IPC dealt with an effect caused partly by an act and partly by an omission; and Section 37 IPC addressed intentional cooperation by doing one of several acts constituting an offence.

Practical Legal Significance

In a case involving several accused persons, Section 35 required examination of the role and mental state attributed to the particular participant. The prosecution had to establish the ingredients relevant to the offence and the basis on which the participant was said to have joined the act with the requisite criminal knowledge or intention. The ultimate application of the provision depended upon the evidence and the ingredients of the substantive offence charged.

Position Before the Bharatiya Nyaya Sanhita 2023

The Indian Penal Code, 1860 governed substantive criminal law before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. This article intentionally presents Section 35 IPC in its pre-BNS setting. Questions concerning conduct occurring before or after that transition must be considered with reference to the applicable commencement and savings provisions.

Note: This page is an informational explanation of the statutory provision and is not a substitute for legal advice on the facts of a particular case.