Section 34 of the Indian Penal Code, 1860

Introduction

Section 34 of the Indian Penal Code talks about the joint liability of persons involved in a criminal act. It says that if more than one person is involved in a criminal act done to satisfy a common intention, then each of such persons will be liable in the same way as if it was done by him alone.

The ingredients of Section 34 are as follows

• There should be a criminal act;
• Several persons should do the act;
• The criminal act must be done to satisfy a common intention of all;
• There must be actual participation of all the persons in some way or the other in furthering the common intention.

Common Intention

When the Indian Penal Code was enacted in 1860, Section 34 at that time did not include the provision of common intention, and later an amendment was made in the year 1870 to include it. Intention occupies a very crucial place in criminal law. The term ‘intention’ is not defined anywhere in the Indian Penal Code, but Section 34 of it deals with common intention. It implies a pre-decided plan and acting in accordance to execute that plan. It comes into the picture before the commission of the act.

Section 34 is limited to a situation, where an offense requires a particular criminal intention or knowledge and is committed by more than one person who shares that intention. Each person who participates in the act with such knowledge or intention will be liable in the same way as if it were done by him exclusively with that intention or knowledge. The liability of all the individuals involved in this circumstance is called ‘Joint Liability.’

Joint Liability

Joint liability occurs in the case when there is the existence of common intention in the criminal act done. If it can be shown that it was done by one of the accused persons in furtherance of the common intention of all, then the liability for the act may be imposed on any one of the persons in the same manner as if the act were done by him in his capacity. Court decisions have emphasized on the point that meeting of minds need not be something always very much before the incident, but could be something that may develop on the spot, at the very moment when the crime is being committed.

Proving that every one of the persons was involved in the actual act is irrelevant. The case of Barendra Kumar Ghosh v. King Emperor is one of the most important and earliest cases where the court convicted another person for the act of another done in fulfillment of common intention. A group of armed persons had entered the police station and demanded money from the postmaster, where he was counting it. They fired from the pistol at him, due to which he died on the spot. All of the accused were able to escape without taking money. The Police were able to catch Barendra Kumar Ghosh who was standing outside the post office keeping a check. Barendra on being arrested contended that he was only standing as a guard, but the Calcutta high court convicted him for the murder of the postmaster. His appeal to the Privy Council was also rejected.

There is also a general rule in the criminal jurisprudence that the courts cannot distinguish between the people involved in an activity and it is impossible to see what part is played by whom in the commission of the act, so each person is held jointly liable for the acts of another.

Common intention versus Similar Intention

A common intention can only be said to be formed when the intention of one is known to all others and shared by them. It does not mean the similar intention of several persons formed at the moment. The mere presence of the accused together is not sufficient to form a common intention to commit the offense. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention; otherwise, it will be a similar intention. Similar intention can happen for several persons at the same time.

The distinction between a common intention and similar intention is a real one and if overlooked by courts, may lead to a miscarriage of justice. Section 34 can be invoked only when the accused shares a common intention and not one a similar intention. Unless the common intention is proved, individuals will be liable for their actions only. If there occurs any doubt, the benefit of the doubt is given to the accused.

Conclusion 

Section 34 does not lay down a separate offense but defines the liabilities. Therefore, it is always read with other sections for framing of charges or while deciding the punishment. The maximum sentence for an offense would depend upon the main offense along with which Section 34 is applied. To bring this section into effect a prior meeting of minds need not necessarily be proved, but it may well develop on the spot as between several persons and could be decided based on the facts and circumstances of each case. There must be an ultimate objective, the fulfillment of which should be the goal of each person involved.

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7 Advantages Of A Private Limited Company That Had Gone Way Too Far

A Private Limited Company is a sort of privately held business. A private constrained organization can without much of a stretch be begun and enlisted by a blend of two individuals. A private Ltd company is the most widely recognized vehicle to bear on business for an element aiming to make a benefit and appreciate the advantages of a joined element, especially constrained risk. The everyday undertakings of administration are done by the executives. A private restricted organization can be ended up with the assent of individuals and furthermore through the court. Investors in a private constrained organization are outstanding to each other because of free understandable relationship. This sort of business substance limits proprietor risk to their offers confines the number of investors to 50 and confines investors from freely exchanging shares. The 7 characteristics of a Private Limited Company are:-

1. Constrained Liability

Constrained Liability implies the status of being lawfully capable just to a restricted sum for obligations of an organization. One favorable element of owning a private restricted organization is that the budgetary risk of investors is constrained to their offers. This element secures the individual resources and salary of investors on occasion of any money related emergency confronted by the organization. In this way, if a private limited company is in a bad position and need to close, investors would not hazard losing their own benefits. Although, executing a misrepresentation identified with the private constrained organization would refute a proprietor’s restricted obligation security. Along these lines, where an organization is constrained by shares, the obligation of the individuals on a twisting up is restricted to the sum unpaid on their offers.

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2. Limited However Simple Trade of Shares

The limitation set on the deal or exchange of offers might be viewed as a reference to a few investors since investors who need to offer proposals can’t pitch them to outside purchasers. Investors should likewise consent to the deal or exchange of offers. In this way, the danger of threatening takeovers is low. The limitation set on the offer of bids is a weakness since investors have constrained alternatives for selling shares. Offers of an organization restricted by shares are transferable by an investor to some other individual. Documenting and marking an offer exchange shape and giving over the purchaser of the offers alongside share declaration can without much of a stretch help in exchanging shares.

3. Continued Existence

Another preferred standpoint of a private constrained organization is that it is alive even after the proprietor bites the dust or leaves the business. Private restricted organizations are fused. At the point when a business fuses, it turns into an autonomous legitimate substance, which means it can sue or claim resources isolated from the organization proprietor. Private Limited organizations are not influenced by the status of their own with regards to their reality. Demise or powerlessness of the proprietor does not hinder the procedures of the organization.

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4. Tax Reductions

Private restricted organizations additionally appreciate imposing preferences. Money related explanations for private restricted organizations must be documented no later than nine months after the financial year closes. The primary bookkeeping time frame starts that day that the business is used. They pay a charge on assessable benefits and are exempted from higher individual pay impose rates. As everybody needs to limit his tax rate accordingly organization according to the wage charge act 1961 has another primary advantage of joining towards tax assessment. Organizations are regularly saddled at a lower rate and are furnished with better assessable advantages when contrasted with different types of business association.

5. Insulated Property

A Company as a lawful element is fit for owning its assets and different properties. The Company is the genuine individual in whose hands all the property is vested and such organization has the sole appropriate to control, oversee and arrange of the property so vested in the hands of the organization. The property of a privately owned business is not the property of its investors. A private restricted organization is thought to be a different legitimate substance. It has its own particular character and especially perceived as a different organization under the law. Additionally, the organization can possess property because of this element under its name.

6. Fund-Raising

According to Companies act 2013 a privately owned business can pitch offers to people in general or can acknowledge stores from open and can hence fund-raise simpler than different business structure sorts. The methods of financing business carried on by an organization are various. In addition, since the organizations are represented by a specific law and need to agree to stringent divulgence standards, accordingly they appreciate great acknowledge value for different budgetary foundations. Investors permitted are up to two hundred and another two hundred individuals are permitted, this many numbers and the notoriety of the private restricted organization makes it less demanding to bring capital supports up in contrast with different types of organizations. Consequently, we can state the extent of development is more prominent when a private restricted organization is joined. Taking obligations from banks and other budgetary endeavors are very simple as well.

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7. Owning Property

An organization is a juristic individual, can procure, claim, appreciate and strange, property in its own name. No investor can influence any claim upon the property of the organization so too long as the organization is a going concern. The investors are not the proprietors of the organization’s property. The organization itself is the genuine proprietor.