1[ 34 . 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.]
Explanation of Section 34 IPC ( IPC 34 ) in My Words :
Conditions to Apply this Section 34 IPC :
- More than one accused must be involved in the crime
- All the accused must have a common intention of the crime
- You must have evidence of the crime done by accused
- Other IPC sections must be charged with this Section 34 IPC ( IPC 34 )
What Is Section 34 IPC Punishment ?
IPC 34 does not define or prescribe punishment. Punishment is decided on the basis of other IPC sections charged under this section 34 of IPC.
You cannot file a case in court only under this section 34 of IPC because no punishment is defined in this section 34 of IPC. This section 34 of IPC must be charged on accused along with other IPC sections.
This section 34 of IPC states that all persons have committed an offense with the same intention and each shall be punished with the same punishment as if he had committed the same alone.
Section 34 of IPC ( IPC 34 ) Explanation with an Example:
Suppose 10 persons came to kill person “A”. All 10 persons have the same intention to kill Person “A”, but 9 persons just threatened Person “A” and one person tried to kill Person “A”.
In this case only one person will be punished for attempt to murder as per Indian law and all other 9 persons will be punished separately as per the IPC sectios charged against them (accused).
But Person “A” wants full justice as all 10 persons had the same intention to kill Person “A” and Person “A” wants sentence of attempt to murder for all 10 accused.
In that case person “A” should file a case in the court for attempt to murder under section 307 IPC with Section 34 of IPC against all accused.
Is Section 34 IPC bailable?
Punishment is not defined in this section 34 IPC, so this section 34 IPC is neither bailable nor non-bailable. But you can say that bailable nor non-bailable is completely depend on the other IPC sections charged with this Section 34 IPC.
If this Section 34 ipc charged with other non-bailable IPC Sections then you can consider this section 34 IPC as a non-bailable for all accused.
If this Section 34 IPC charged only with other bailable IPC sections then you can consider this section 34 of IPC is bailable for all accused.
Is Section 34 IPC Compoundable or Not?
It is completely depend on the other IPC sections charged with this Section 34 of IPC ( IPC 34 ) as IPC 34 does not tell about the type of crime and punishment of crime.
1. Subs. by Act 27 of 1870, s. 1, for section 34.