Professional Documents
Culture Documents
Group Liability Under IPC
Group Liability Under IPC
Group liability is a term used for people who have committed an act in pursuance of a common
intention, where each of the persons is liable in the same manner, as this act was done by them
alone. Section 34 IPC, states the joint liability of partners in crime.
In the case of Chhotu v State of Maharashtra, the complainant and the evidence proved that
there were three persons assaulting the victim. The three persons were held liable under joint
liability and assault. So. it can be deduced that the section cannot be read alone and requires it
to be read with some other section under the statute of India.
Mere surrender is not derivative of the fact that it will be counted as common intention.
It is necessary that there has been a prior conspiracy relating to that act.
When the offence is proved only on the basis of circumstantial evidence, the allegations of
common intention cannot be established in the absence of meeting of minds.
Section 34 is only a rule of evidence and does not create a substantive offence.
The common intention should be prior or antecedent to the occurrence.
Common intention may develop during the course of the occurrence and could develop on the
spot.
Common intention is different from same or similar intention.
Section 34 is only a Rule of Evidence and Does Not Create a Substantive Offence
In the case of Sachin Jana and anr. v State of Bengal, it was mentioned that the section is a rule
of evidence. The distinctive feature is the participation of the jointly liable people. The
participation in the direct offence will not matter but the people will be jointly liable as though the
offence has been committed by that person only.
In the case of Queen v Sabib Ali, common intention was viewed as a pathway to complete the
unlawful action.
In the case of Ganesh Singh v Ram Raja, the court said that the common objective must be
achieved through a common intention of doing the task. It is generally ascertained by prior
meetings, meeting of minds and pre-arranged plans of doing something which is not legal.
In Kripal Singh v State of Uttar Pradesh, the court said that the common intention is
supposed to be ascertained from the facts and the circumstances of the case. The scope of
common intention is also supposed to be ascertained by the facts and circumstances of the
case.
Incitements;
Ordering, soliciting or inducing;
Participation in a common purpose;
Punishment as a perpetrator.
The criminal act is ascertained by the presence of these elements.
Effect
The crime will not be proved in case there is absence of proof of overt acts. The effect of such a
circumstance is that one will be acquitted in the absence of proof of an overt act against him or
her.
Effect of Charge Against Accused under Section 149, and not Section 34, Indian Penal
Code 1860
The difference over here in these sections is just that of ‘common intention’. Charges may be
imposed against people under Section 149, but in case they are able to prove that there was no
common intention of the unlawful assembly then they may be absolved from criminal liability
under Section 34. The same cannot be done if they are not able to prove lack of common
intention.