Compare and contrast Section 34 and Section 35 with illustrations and case laws. Section 34 of Indian Penal Code deals with liability of an individual for sharing ‘intention’ when ‘several persons ’ are participating in the ‘criminal act’ done ‘in furtherance of the common intention of all’. Section 35, which complements the main rule laid down in sec 34, deals with situation where an offence requires a particular criminal intention or knowledge and is committed by several persons. Each of them who join the act with such knowledge or intension is liable in the same way as if it were done by him alone with that intention or knowledge. Section 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.
Section 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.--Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
Thus there are three main ingredients of section 34:
i. A criminal act must be done by several persons;
ii. The criminal act must be to further the common intention of all, and iii. There must be participation of all persons in furthering the common intention (Parichhat v State of Madhya Pradesh AIR 1972 SC 535)
Section 34 deals with an act pursuant to the formation of a common intention. Section 35 creates what is known as ‘like intention’. Section 34 raises the issue of criminality because of participation in the intention. Section 35 stipulates, however, that when an act is criminal by reason of its being done with a...
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