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...