Section 34 IPC, dealing with acts done by several persons in furtherance of common intention, is:
Aa substantive offence-creating provision punishable by itself with a sentence
Ba rule of evidence that conclusively presumes guilt of all who are present
Ca rule of constructive joint liability — each is liable as if he alone did the act
Dapplicable only to offences against the State under Chapter VI of the IPC
Answer & Solution
Correct answer: C. a rule of constructive joint liability — each is liable as if he alone did the act
1. Section 34 IPC reads: '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.'
2. It does not create a substantive offence; it lays down a rule of constructive joint liability.
3. Barendra Kumar Ghosh v. King Emperor, AIR 1925 PC 1 ('they also serve who only stand and wait') is the leading authority.
4. Common intention must be pre-arranged and shared; mere similar intention is not enough (Mahbub Shah v. Emperor, AIR 1945 PC 118).
5. Hence option C — constructive joint liability — is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 34; Barendra Kumar Ghosh v. King Emperor, AIR 1925 PC 1_
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