Lawstreet Journal

When The Final Outcome Or Offense Committed Is Distinctly Remote And Unconnected With Common Intention, Section 34 IPC Is Not Attracted: Supreme Court

Lawstreet Journal 1 Mar 2022 6:10am

Image courtesy: Lawstreet Journal Judiciary When The Final Outcome Or Offense Committed Is Distinctly Remote And Unconnected With Common Intention, Section 34 IPC Is Not Attracted: Supreme Court

The Supreme Court held that Section 34 of the Indian Penal Code 1860 does not apply where the final consequence or offence is distinctly remote. 

“We are also not prepared to hold that these two accused should have known the final outcome, or it was known to them, or it was a reasonably possible outcome of the preconcert/ contemporaneous engagement or a manifestation of mutual consent for carrying out a common purpose” 

FACTS 

Krishnamurthy, Thimmappa and Gopala were concurrently convicted in a murder case. In appeal, the Hon’ble Court sustained the conviction of Krishnamurthy under Section 300 IPC (Murder). However the Supreme Court examined the evidence to re-assure if the conviction of the other two was rightly done by invoking Section 34 of the Indian Penal Code.

The Hon’ble Court said that the idea of personal liability is the underlying basic assumption or foundation in criminal law. 

A person is criminally liable for acts or transactions in which he is personally involved or has contributed in some other way. A person can, however, participate in a crime in a variety of ways and capacities. He has the ability to incite, facilitate, or otherwise assist in the execution of a crime. The notion of shared intent, i.e., a common design between the two offenders, is included into Section 34 IPC, making the second or other participants an equal or joint perpetrator with the primary or lead perpetrator.

Section 34 of the Indian penal code [1], 1860 talks about the principle… Continue Reading...


Tagged: Supreme Court of India  
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