Q.



What if participation of the accused in the crime is proved but common intention is absent, will it attract Section 34 of IPC ?


298 September 09 2021

1 Answer

A.
No,
Section 34 cannot be invoked.

To invoked section 34 of Indian Penal Code, it requires a pre-arranged plan and pre-supposes prior concert, therefore, there must be prior meeting of minds.

• Suresh Sankharam Nangare v. State of Maharashtra (2012)

Indian Penal Code Section 34 Common Intention