What is Section IPC 34 ?
Definition of Section 34 IPC : 1[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.]
Conditions for IPC 34 :
- Common intention of crime
- Evidence of crime
- More than one accused
- IPC sections of crime done by accused
Is Section 34 IPC Punishment ?
This Section does not define or tell about the punishment. Punishment is decided based on the other IPC sections charged with this section. You can not file a court case only under this section as there is no punishment define in this section. This section must be charged with other IPC sections.
This section says that all the person has done crime with the same intention and each has to get the same punishment as if it were done by him alone.
Suppose 10 persons came to kill you. All the 10 persons has the same intention to kill you but 9 persons has just threaten you and one person tried to kill you. In that case as per the law only can person will get punishment for attempt to murder and all other 9 person will get different punishment as per the IPC sections charged against accused.
But you want complete justice as all 10 persons was having the same intention to kill you and you want punishment of attempt to murder for all 10 persons then you should file a case under section 34 IPC with other IPC sections.
Is Section 34 IPC bailable?
Punishment is not defined in this section, so, this section is neither a bailable nor non-bailable. But you can say that It is completely depend on the other IPC sections charged with this Section.
If this Section charged with other non-bailable IPC Sections then you can consider this section is non-bailable for all accused.
If this section charged with other only bailable IPC sections then you can consider this section is bailable for all accused.
1. Subs. by Act 27 of 1870, s. 1, for section 34.