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Define section 34 of Pakistan/Indian Penal Code 1860

 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.


[1]  Pakistan Penal code 1860 by Mansoor Book House Section 34, page 24
[2] 1995 MLD 379(b)

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