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Table of Contents
- Section 34 of The Indian Penal Code (Bare Act)
- What is Section 34 IPC
- Section 34 IPC Explanation
- What are the essential of Section 34 IPC
- What is the Section 34 IPC punishment
- Section 34 IPC Example
- Is Section 34 IPC bailable or not
- Is Section 34 IPC Compoundable or Not
- Section 34 IPC cases / rulings
What is Section 34 IPC?
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.]
What are the Conditions for Section 34 IPC?
- More than one accused should be involved in the crime
- All the accused should have a common intention of crime
- You should have evidence of the crime done by accused
- Other IPC sections must be charged with this Section 34 IPC ( IPC 34 )
What is the Section 34 IPC punishment ?
Section 34 IPC does not define or tell about punishment. Punishment is decided on the basis of other IPC sections charged with this section IPC 34.
You cannot file a case in court or can nit register F.I.R in Police Station only under this section 34 IPC because no punishment is defined in this section IPC 34. This section 34 IPC should be charged on accused along with other IPC sections according to the offence committed by the accused.
This section 34 IPC states that all persons have committed an offence with the same intention and each shall be punished with the same punishment as if he had committed the crime alone.
- Section 420 IPC
- Section 406 IPC
- CrPC Bare Act
- Can Wife File Case U/S 406 IPC ?
- Rajnesh Vs Neha Affidavit
- Section 34 IPC in Hindi
Section 34 IPC 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 the Indian law and all other 9 persons shall be punished separately under IPC sections charged against them as per the offence committed by them (accused).
But Person “A” wants full justice as all 10 persons had the same intention to kill Person “A” and Person “A” wants punishment of attempt to murder for all 10 accused.
In that case person “A” should file a case in the court or register a F.I.R for the attempt to murder under section 307 IPC with this Section 34 IPC ( IPC 34 ) against all 10 persons (accused).
Is Section 34 IPC bailable or not?
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 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 bailable IPC sections then you can consider this section 34 IPC ( IPC 34 ) as a 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 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.