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: The weapon being found in A’s house does not automatically indicate A's common intention as per Section 34. This alone is insufficient to prove shared intent.

- Statement 2: A voluntarily procuring the weapon to aid the criminal gang shows A's common intention, satisfying the ingredient of shared purpose under Section 34.

- Statement 3: If A was compelled under threat to procure the weapon, the element of free will or shared intention is absent. Thus, it does not fulfill the criteria of Section 34.

- Statement 4: Simply supplying the weapon through a sale without any further context does not necessarily establish common intention.

- Highlighted Correct Answer: Option:3, 2 only