Section 34 of I P C provides for liability based on common intention Consider the following situatio...........

Indian Penal Code (IPC) 1860 General Explanations

Section 34 of I.P.C. provides for liability based on common intention. Consider the following situations:

1. The weapon used in the offence was found in A’s house.

2. A has procured the weapon of offence voluntarily to aid the criminal gang.

3. A was compelled under threat to his life to procure the weapon of offence.

4. The weapon was supplied on receipt of value of the weapon (sale). Which of the situation given above reflect (s) the correct ingredients with regard of Section 34?

1 and 2

2 and 3

2 only

4 only.

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Explanation:

- Statement 1: If the weapon used in the offense was simply found in A's house, it doesn’t necessarily indicate A’s common intention to commit the crime alongside others. Passive possession doesn’t imply shared intent.

- Statement 2: A voluntarily procuring the weapon for the criminal gang suggests an active role and shared intention, aligning with Section 34 for common intention liability.

- Statement 3: If A was compelled under threat to procure the weapon, the element of voluntary shared intention is missing, thus it doesn’t satisfy Section 34. Coercion negates shared intent.

- Statement 4: Merely selling a weapon without a shared criminal intention doesn’t establish common intention under Section 34. Transactional sale doesn’t imply shared intent.

Option: 2, 2 only aligns with the correct interpretation of Section 34, as it reflects voluntary and shared intention.