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Name: Lamia Akter Mitu
ID: 140314048
8th Batch
Department of Law
Z.H. Sikder University of Science and
Technology
 My Topic Name

joint criminal liability

( Under the Penal Code1860)

 INTRODUCTION
The concept of joint liability is present both in
civil and criminal law. But here we will discuss
only criminal joint liability. The law relating to
joint liability is contained in Section 34-38 of
the Penal Code, 1860 . There are three more
sections relating to joint liability. Section 149
relating to unlawful assembly, Section 396
dealing with dacoity with murder or grievous
hurt and section 460 house breaking by night
with murder and grievous hurt.
 Elements of joint criminal liability
Act done by several person in furtherance of common
intention (sec-34)
There must be a criminal act.
The criminal act done by several person.
The act is done in furtherance of common intention of all.
Act done with criminal knowledge or intention (Sec 35-36.)
Co-operation in acts constituting an offence (sec-37)
Persons concerned in criminal act may be guilty of
different offences (sec 38)
 Joint liability of crime

Section 34, 35, 36, 37 and 38 of the Penal

Code lay down the rules relating to joint liability
in crime. These sections has explained that
when several persons are jointly liable for a
criminal act.
First principle of common
intention
The concept of joint liability comes under
Section 34 of Penal Code which states 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. The section can be
explained as when two or more persons
commit any criminal act and with the intention
of committing that criminal act, then each of
them will be liable for that act as if the act is
done by them individually.
Second principle of criminal
knowledge or intention
Section 35 states- Whenever an act, which is criminal
only by reason of its being done with a criminal
knowledge or intention, is done by several persons,
each of such persons who joins in the act with such
knowledge or intention is liable for the act in the same
manner as if the act were done by him alone with that
knowledge or intention. Section 35 enacts that when
an act which is criminal only by reason of its being
done with a criminal knowledge or intention, is done by
several persons, each person is liable only to the
extent of his own knowledge or intention.
 Third principle of Co-
operation
Section 37 states- When an offence is committed
by means of several acts, whoever intentionally
co-operates in the commission of that offence by
doing any one of those acts, either singly or jointly
with any other person, commits that offence.
Section 37 enacts that when an offence is
committed by several acts, each person
intentionally committing one of those acts singly or
jointly with others, commits the offence.
Distinction between section
34 and section 149
The common intention There must be an
may be of several unlawful assembly of five
persons, i.e., more than or more persons.
one person. There need not be any
There must be a prior prior concert and
concert and meeting of meeting of minds; it is
minds of the several enough that the number
persons. of persons is 5 or more
Section 34 deal with that and their
Section 149common
deal withobject
that
is the commission of an
offence.
Distinction between section
34 and section 149

The pre-condition is the

What is essential is the formation of an unlawful
formation of the assembly, having for its
common object the commission
common intention. of any of the offences
mentioned in section 149.
Section 34 is applicable
Section 149 is wider and is
only where the act done applicable not only where the
is the same act which act done was the same as was
intended but also where it is a
was intended by way of different act, provided it is
immediately connected with the
common intention. common object of the assembly
or an act which the members of
Section 34 deal with that Section 149 deal
the assembly knewwith
to be that
likely
to be committed in prosecution
of that object
 Difference between common
intention and common object
Section 34 of PC defines
Common Intention
Based on Common Intention
In common intention two or
more persons are required.
Each member should have
participated in the act.
Prior meeting together is not
necessary.
Everyones liability in common
intention is primary.
Common intention
Act should have been done in
furtherance of common
intention
Section 149 of PC defines
Common Object.
Based on Common object.
In Common object at least five
persons are necessary.
Merely being a member of
that group is sufficient.
Unlawful assembly is
necessary.
In common intention liability is
always vicarious.
Act should be done in
Common
prosecution object object
of common
or known to be likely
committed in furtherance of
the common object.
 Concluding remarks
The concept of joint liability is embodied in
section 34 of the Penal Code, 1860. This
section just gives the definition of joint liability
and it does not give any punishment for the
same. This section has to be read with various
other sections of PC like section 149 which
deals with unlawful assembly. This section 34
cannot be applied on its own and has to be
applied with some other section so as to make a
person jointly liable for that offence.
THE END