Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kunal (Student)     03 November 2012

A query on section 34 of ipc

Hello Everyone
well am a Student..

This is my First Post here..... it's a Pleasure to be a part of This Community/Forum.

I have a Question on Section 34 of IPC....
Pleae help

Section 34 of IPC Says Acts done by several persons in furtherance of common intention.- When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

and The Question is...

Let's take an Example:

3 boys entered in a Room with a common intention to Hit a Person with a Stick but not to kill a Person.....

but there one boy of the three killed that Person

it was not the intention of other two to kill that person....There common intention was to just Hit that Person

who will be liable and for what?



Learning

 9 Replies

Rajan Bhasin (Law Student)     03 November 2012

How will they prove that intention was just to hit and not kill? They all will be charged with IPC 302/34 etc.

Kunal (Student)     03 November 2012

well If they Prove Somehow....

Like they Try to stop their Friend to Kill That Person....

For e.g. They Shout NOOO Don't Kill him....

It can Easily be Proved in Court by Witnesses...

Chetan Joshi (Advisory/Advocacy)     03 November 2012

Well a difficult one....the principles of criminal jurisprudence needs to be applied...an accused is presumed innocent until proved otherwise....

 

If the others will be charged to cause hurt or grevious hurt  as a part of common intention....

 

And the one who killed will be charged with 302 and hurt or grevious hurt....

 

A case which will practically require good presentation and a lawyer...

 

Thanx...

Kunal (Student)     03 November 2012

Section 149 Says If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

I Guess Even Section 149 will not be Applicable Because There common object of that assembly was to Hit That Person not to kill him....


There's a point of Instant Kill in IPC or Something Like that.... i don't know....will it be Applicable

or is There any other Section Dealing with this Situation....

Thnx for your Valuable Time :)

Nitish Banka (lawyer)     03 November 2012

the acts of one person will be transferred to others also...group libility so is the intention.if one has intention to kill and others participated then that intention to kill will become common.main thing is participation

Ravikant Soni (LAWYER IN JAIPUR)     03 November 2012

Your case will come within the ambit of section 38 instead of 34 if you prove the intention of other two was not to kill the person.

There is a large difference between common intention and same or similar intention.

This section 38 says the person would liable for his perticular intention.

As you r a student so go thru both the section and find your answer.

1 Like

Kunal (Student)     03 November 2012

@Ravikant Soni: Well Thnx Sir....
Yes it's my Mistake... i didn't Read other Sections.... I Just Read it in My own book...
You are Absolutely Right....

Thnx for ur Guidance...

There's Another Question in My Mind....

Section 34, 35, 38 Deal with Same Subject.... but what's the Difference Among Them...

Thnx
may My God bless All...

Rahul Kapoor (Legal Enthusiast)     04 November 2012

@ kunnal 

when they entered the room to hurt that person then they come under ambit of sec 34 bcoz their common intention was to hurt that person with the stick and futher they acted in common intention. but when one of them killed that person then they were not acting under common intention.

regards-

rahul.gogreen@gmail.com

Kunal (Student)     04 November 2012

Yes Dude This will Come Under Section 38


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