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Vicarious Liability for Criminal Acts : Scope of Section 34 of IPC

By G. Sudarsan

Published In

Cr LJ 2003

It is a well settled principle of criminal law that a person is liable only for those acts which he has committed and not for the acts committed by some one elese. In other words, the general principle of criminal liability is that it is the primary responsibility of the person who actually commits an offence and only that person who has committed crime can be held guilty and punished in accordance with law. Section 34 of the Indian Penal Code, 1860 provides that 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. This section which lays down a principle of joint liability in the doing of criminal act, is an exception to fundamental canon of criminal jurisprudence. The essence of the joint liability is to be found in existence of common intention animating the accused leading to the doing of criminal act in furtherance of such int ....

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