Every person's Criminal Act with Common Intention are Equally Liable
- by Aditi-Harshraj
- Jun 08, 2020 14:17
Section 34 of the Indian Penal Code states that when a criminal act is done by several persons with the intention to do so and each person is equally liable for such act as if he did it all alone. The main object or the essence of the liability is a common intention. Mahbub Shah v. Emperor ( 1945) In this case, the court held that Under Section 34 of the Indian Penal Code, the essence of liability is to understand the common intention of the accused to do crime and their intention is further leading to such criminal act.
The state of Karnataka v. Abdul Rasheem (2006) In this case, the court held that if there is no common intention, conspiracy, common knowledge, a common object in the act then a joint trial of two or more accused won't be permissible for any offences.
Abu Bahar Siddik v. State of Tripura (2005) In this case, the court held that if the act is done with the common intention then the offender will be punished equally irrespective of their role played in the criminal act.
Harbans Kaur v. State of Haryana(2005) In this case, it was held that if two or more persons intentionally do any criminal act jointly then they will be punished as if he did it individually by himself.
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