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34
Acts done by several persons in furtherance of common intention
Rule of
constructive
liability/
evidence
Eg.
B is dropped
House of
House of G
ABCDE
C
-
A
-
Provision
and B
Criminal conspiracy 120B (as there was a distinct agreement)
Receiving stolen property u/s 411 (distribution of money)
Since there was no active participation by A and B, therefore
they will not be charged for any main offence read with S. 34
1. Several persons
2. Having a common intention
3. Act in furtherance of the common intention
(Added by amendment of 1870)
4. Commit a criminal act
5. Criminal act is done by one of the several persons
Consequence
Each of the several persons will be liable as if the act was done by
him alone
Requirements
of common
intention
Similar Intention
A shoots C
With the intention to kill C
B shoots C
With the intention to kill C
But there is no common
intention between A and B
to kill C
Common Intention
A and B join their intention
As manifest from
- A prior agreement
- Agreement on the spot
offence together
Mahbub Shah v. Emperor (PC 1945)
X and Y
B and C
A
B
X
A
X
A
B
B
C
X ko
Furtherance
of common
intention
(Added by
amendment
of 1870)
In furtherance
of the common intention
In indicates
- The desired offence; or
Any other offence which is essen
or indispensible in order to comm
the desired offence
At Hudson Lane.
C got into the house to kill D
Meaninwhile B and A tied the watchman of the house of D to a
tree
Is the act of A and B in furtherance of the common intention?
Yes.
C is not able to kill D.
Will ABC still be liable for:
o Attempt to murder of D
A liable under S. 307
B and C liable under S. 307 read with S. 34
o Hurt to Watchman
B and C liable under S. 323
A liable under S.323 read with S. 34
Yes.
It is not necessary the desired offence be committed.
S. 34 mentions criminal act and not offence. (see
discussion below)
Active
Participation
Implicit under
the term
criminal act
committed)
Any other offence that has been committed in furtherance of
the common intention. (participative action)
Please Note:
The term criminal act
should be an act which is
an offence in the IPC.
Criminal act does not
include
- Act prohibited by law
Thus, liability under S.34 will be for
- The main offence
- Participative action done by the other accused
The participative action will be criminal because it was
actually done for facilitating the commission of the offence
-
Mistake
ABC agree to murder D
B and C stand guard
A goes to murder D
Under a mistake A murders E, instead of D
-
If it is a genuine mistake
Transfer of Malice
ABC had the common intention to kill D
BC are standing outside the house
A goes inside to shoot D
Just as A shoots D, D ducks and the bullet hits E
Doctrine of transfer of malice will apply here
- A intended to kill D
- A has killed E in the same transaction
For the murder of E
A
: liable for murder u/s 302
B and C: liable for murder u/s 302 read with S. 34
For the attempt to murder of D
A
: liable for attempt to murder u/s 307
B and C: liable for attempt to murder u/s 307 read with S. 34
Running away after commission of offence
1. Common intention commit an offence
Nature of continuance:
o It should be immediate transaction
o Continuance should not be remote in terms of
time and transaction
Example 1
ABC have the common intention to kill Z
C kills Z, while A and B watch guard
After killing Z- ABC start escaping from the crime scene
X who is the brother of Z attacks ABC
A kills X
Liability for murder of Z
C will be liable for murder of Z under S. 302
A and B will be liable for the murder of Z under S. 302 read with S.
34
Nature of continuance:
o It should be immediate continuance
o Continuance should not be remote in terms of time and
transaction
In the instant case the transaction of escaping from the spot is
broken
A liable under S. 302
B and C liable not liable