- What is general principle of joint liability?
No person is criminally liable for the act of another and they may be liable for different acts in one crime.
- When a person can be liable for the act of other under section 34?
A person could be vicariously responsible for acts of others if he had common intention to commit offence.
- What are basic elements of offence under section 34?
- Participation of the accused in crime;
- Person must act in furtherance of the common intention; and
- Each of such persons is liable for that act.
- How many persons required under section 34?
Minimum number is not fixed but should be more than one. It is not necessary that all should be present at the scene.
- Whether ‘omission’ includes in ‘act’ under section 34?
Yes. Act also includes ‘omission’, but should be passive ‘omission’.
- How many persons are required under section 149 for unlawful assembly?
Five or more. All should be present at the spot of offence has been committed.
- Is there any difference between ‘common intention’ and ‘same intention’?
Yes. In case of common intention party should have pre-arranged plan, even it may constitute at the spot, just before commission of offence.
- Is there any difference between ‘common intention’ and ‘common object’?
Yes. Common intention is necessary under section 34 and common object under section 149.
- If, a person is not present at the place of incident, under which section he can be booked?
Where a person is not present then he shall be booked as abettor under section 114 of the Code. But, if present then he will be charged for the commission of offence under section 34.
- What are distinctions between section 34 and section 149?
Active participation in necessary u/s.34 but not necessary u/s.149.
- A person who is member of a team approach for dacoity but role was just guarding the house. One person, who was inside the house, has committed murdered of someone inside of house. The guard did not know about the murder. Is he (guard) liable for both murder and dacoity.
Yes. All the person of team liable for both murder and dacoity.
- What are the provisions of joint liability under section 460?
Section 460 of IPC fixed the liability of all persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them.