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DEPARTMENT OF LAW

TRINITY INSTITUTE OF PROFESSIONAL STUDIES

Subject: Law of Crimes –I

Subject code: BA LLB 110

ASSIGNMENT TOPIC – Joint Liability

SUBMITTED TO: SUBMITTED BY:

Ms. Gaurika Sharma Labhya Sharma

Assistant Professor, TIPS BALLB 2021-2026 (Sem-3)

(Enrollment no. - 01720603821)

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Table of Contents

Introduction……………………………………………………………………………….3
Joint liability under Section 34 of Indian Penal Code…………………………………………….3
The Objective of Section 34……………………………………………………………………....3
Nature of Section 34 IPC………………………………………………………………………….4
Essential Elements for Section 34 of IPC…………………………………………………………4
Case Laws…………………………………………………………………………………………5
Conclusion………………………………………………………………………………………...5
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Introduction
Both criminal and civil law use the concept of joint liability. However, we will only talk about
criminal joint liability here. The majority of the time, when someone actually commits a crime,
they are held legally responsible and punished accordingly. According to the idea of criminal
responsibility, only the person who actually commits the crime is responsible and can be found
guilty because criminal liability is based on the legal principle "Actus Non Facit Reum Nisi
Mens Sit Rea," which states that no criminal act can be committed without a guilty mind. As a
result, the question of whether criminal liability arises when both "mens rea" and "actus reus" are
present and, consequently, whether the perpetrator of the crime will always be punished, is
raised. The Indian Penal Code, 1860's Sections 34 and 149, however, make an exception to the
rule by imputing criminal responsibility to the perpetrator and any accomplices who assisted in
the commission of the crime in order to further a shared intention or objective. In such a case,
each of them becomes jointly responsible.
Joint liability under Section 34 of Indian Penal Code
Section 34 of IPC reads as Acts Done by Several Persons in furtherance of common
intention. The principle of joint liability under criminal law is outlined in this section. It states
that each person shall be liable for the act in the same manner as if done alone when several
people commit a criminal act in furtherance of their shared intention. The prosecution must
prove the accused's guilt beyond a reasonable doubt in order to establish the accused's criminal
liability. When there is only one person liable, the principle is simple to apply. However, when
this principle is used to demonstrate the guilt of each participant in a crime where more than one
person takes part, it becomes very challenging. When all of the accused parties are in possession
of similar weapons, the situation becomes even more complicated because, even though the
medical report will be able to identify the number of injuries sustained, their nature, and the body
parts where they occurred, the extent of each participant's involvement may not be clear. There
must be some general rule in the country's criminal code that can be applied in these situations.
Principles of joint criminal liability have been enacted in all countries' criminal codes with this
perspective in mind. According to section 34 of the Indian Penal Code, one such principle exists
in India.
The Objective of Section 34
The only substantive offence established by Section 34 is a rule of evidence. This section is
designed to address situations where it may be challenging to distinguish between the actions of
the individual party members or to demonstrate precisely what role each member played in
advancing the common intention of all. This clause actually means that if two or more people
intentionally do something together, it is the same as if they each did it alone. In these situations,
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everyone is considered guilty because the presence of accomplices encourages, protects, and
supports the person who is actually committing the act.

Nature of Section 34 IPC

Section 34 only provides a broad concept of joint culpability. It does not result in any significant
or appropriate offence. There is no mention of any specific offence. If two or more individuals
conduct a crime in furtherance of a common intention, they might be held jointly responsible for
an IPC offence. Thus, if the requirements of Section 34 IPC are met, two or more individuals
might be found accountable for any offence listed in that section. Thus, whether an offence is
cognizable, non-cognizable, bailable, or non-bailable is determined by the nature of the act
committed and the nature specified in the Sections under which the accused is charged.1

Essential elements for Section 34 of The Indian Penal Code

Like any other criminal statute, Section 34 has a number of requirements that must be satisfied in
order to hold someone accountable for joint culpability. These are listed below:
i. A CRIMINAL ACT- The use of the words “a criminal act” doesn’t limit the scope of
this section to one signal criminal act. This is evident from sections 32 and 33 of the
code wherein it has been specifically stated respectively that acts extend to illegal
omission also, and acts denotes a series of acts and omission denotes a series omission
also. For, instance, if in furtherance of a common intention to kill X, A stands at the door
as a watchman. B overpowers X and C inflicts dagger blows on X, their acts are different
but all of them are guilty.2
ii. DONE – The use of word ‘done’ shows that several persons must do a criminal act, this
means that all of them must take part in the commission of crime. The extent of
participation may be different fir different persons but all of them must actively
participate in the crime. They must be physically present at the actual commission of the
crime. They need not to be present on the actual spot where the crime is being
committed. Involvement of person should be more than just the planning of the
perpetration.3
iii. SEVERAL PERSONS – The use of word “several persons” have been deliberately used
in this section to show that the provision refers to group liability. Therefore, the section
lays down an important principle of joint liability where at least two persons are

1
Section 34 of IPC, 1860, May 24, 2022, Ipleaders
https://blog.ipleaders.in/section-34-of-ipc-1860/#Essentials_constituting_Section_34_IPC

2
Prof. T. Bhattacharya, The Indian Penal Code, tenth edition
3
Prof. T. Bhattacharya, The Indian Penal Code, tenth edition
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involved in the doing of a criminal act. Whether all of them will always be responsible,
or only one of them may also be held responsible are altogether different matters.4
iv. IN FURTHERTANCE OF THE COMMON INTENTION OF ALL- These words are
very important ones in this section and provide a district principle of joint criminal
liability. At the time of enacting the Indian Penal Code these words does not exist. These
were added subsequently by section 1 of the Act XXVII of 1870 when the language of
the section is modified. 5

Case Laws
The case of Barendra Kumar Ghosh vs King Emperor was one of the earliest cases where the
court convicted another person for the act of the another person for the act of another done in
furtherance of common intention. Common intention implies a pre-arranged plan and acting in
concert pursuant to the plan. It must be proved that the criminal act was done in concert pursuant
to the pre-arranged plan. 

In the case of Kripal Singh vs State of U.P., AIR 1954 SC 706 the apex court ruled that the
common intention may develop on the spot as between a number of persons and this has to be
inferred from the act and conduct of the accused, and facts and circumstances of the case. 6

Conclusion

Determining each person's role and motivation in a crime when more than one person is involved
complicates the case. In such cases, the idea of shared culpability is applied. It is essential that
the accused actively engage in criminal activity while being aware of the repercussions and
having the same goal in mind. The common intention must, however, be incidental to the
accused's actions and behaviour as well as the relevant case facts.

4
Prof. T. Bhattacharya, The Indian Penal Code, tenth edition
5
Prof. T. Bhattacharya, The Indian Penal Code, tenth edition
6
Vanshika Jaiswal, Joint Liability- Section of 34 IPC, Our Legal World