Define section 34 of Pakistan/Indian Penal Code 1860?
Answer:
Section 34 of PPC defines that
“Act done by several persons in furtherance
of common intention: When a criminal act is done by several persons, in
furtherance of common intention of all, each such person is liable for that
act in the same manner as if it were done by him alone”[1]
Applicability:
Section 34 of PPC, is attached
when all the persons involved have the common intention and the alleged act is
committed by any of the persons in furtherance of common intention. 1995 MLD
379(b)[2]
Scope:
The section deals with the doing of
separate acts, similar or diverse, by several persons; if all are in the furtherance of common intention,
each person is liable for the result of
all of them as if he had done them himself. In other words this section deals
with joint or constructive liability of offenders where they act in furtherance
of common intention.
According to the case of Chutta vs state, 1995 PCr.LJ 755.
Section 34 of PPC merely indicates the the principle of joint liability. It
neither creates any distinct offence nor amount to an offence by its own force
Ingredients of the section:
A careful reading
of the section shows that it becomes applied only when;
i.
A criminal act is done,
ii.
By several persons,
iii.
In furtherance of common intention of all.
Criminal act:
Every act which is done is not criminal act. Only that act which is prohibited by law and is
carried out in violation of the limits prescribed by law is criminal act.
By several persons:
It means act is done by
persons more than one involved as, in the case of single accused there is no
question of joint liability or of common intention. Joint liability or common
intention could only be conceived if more than one person takes part.