Indian Penal Code, 1860 · Chapter II: General Explanations
Section 34: Acts done by several persons in furtherance of common intention
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 34
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Govind Mandavi v. State of Chattisgarh
Whether the trial Court as well as the High Court committed grave errors in facts as well as in law while appreciating the evidence available on record and convicting the accused-appellant for the offences alleged…
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Raj Kumar @ Bheema v. State of NCT of Delhi
Appellant-accused was convicted for the offence punishable u/s.302 IPC. The High Court further affirmed the order on sentence dated 20.02.2021, whereby the accused-appellant was sentenced to undergo imprisonment for…
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Govind v. State of Haryana
Whether the judgment of Trial Court, as affirmed by the High Court, convicting the appellant for the charges u/s.302, IPC and s.25, Arms Act and the sentence as directed, is based on cogent material and evidence…
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State of Chhattisgarh v. Amit Aishwarya Jogi
Whether the three-Judge Bench judgment in the case of Lalu Prasad Yadav and Anr. v. State of Bihar and Anr. lays down the correct proposition of law, or whether the same requires reference to, and resolution by a larger…
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State of Rajasthan v. Parmeshwar Ramlal Joshi and Others
Issue arose whether the High Court was justified in reviewing its earlier orders while exercising jurisdiction u/s.528 BNSS [s.482 CrPC]
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Rajendra Singh and Ors. v. State of Uttaranchal Etc.
Issue arose as regards the correctness of the order passed by the High Court convicting the appellants u/s.302 IPC; and whether the appellants are the real persons who chased the deceased and killed him.
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Nagamma @ Nagarathna & Ors. v. The State of Karnataka
In the instant case, whether the motive projected and the crime has been proved and whether the circumstances lead to the culpability of the accused.
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Thammineni Bhaskar v. The State of Andhra Pradesh
Issue arose as regards the correctness of the order passed by the courts below convicting and sentencing the appellant u/ss.302, 364 and 201 IPC for kidnapping and murder of the informant’s son.
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Maniklal Sahu v. State of Chhattisgarh
Whether the High Court committed any error in bringing the case within the ambit of “attempt to commit murder” punishable u/s.307 IPC on the ground that the deceased-R died after a period of nine months from the date of…
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Anna Waman Bhalerao v. State of Maharashtra
Whether the High Court was justified in rejecting the anticipatory bail applications of the appellants; issue of inordinate delay by Courts in deciding the bail and anticipatory bail applications.
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Mohammad Afzal Mohammad Sharif v. The State of Maharashtra and Others
The complaint of the appellant before the High Court was that the police officers concerned had failed in their duty by not registering a First Information Report apropos the attack and assault on him by four…
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Phireram v. State of Uttar Pradesh & Anr.
Whether the High Court erred in passing the impugned order, by which it disposed of the application filed by the appellant-complainant seeking cancellation of bail of the accused persons on the ground of threats being…
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Rajan v. The State of Haryana
Issue arose as regards the correctness of the order passed by the courts below convicting and sentencing the appellant for offence punishable u/ss.302/34 IPC and ss.25, 27 of the Arms Act; and delay at the instance of…
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Sushil Kumar Tiwari v. Hare Ram Sah & Ors.
Allegation against the respondent nos.1 and 2 that they raped a minor girl. It is admitted that they never committed the acts together and always acted separately. In light of the controversy involved in the instant…
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Tarun Sharma v. State of Haryana.
Conviction of the appellant u/s.302, IPC based on the statement/ dying declaration (Exh. P-34) of the deceased, if ought to be set aside.
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Smt. Bhagwati Devi v. State of Uttarakhand
Issue arose whether the order of conviction u/s.498-A IPC and consequential sentence imposed on the appellant-mother-in-law can be sustained on the basis of the material evidence.
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Irfan v. State of Uttar Pradesh & Anr.
Whether the High Court erred in granting bail to the Respondent No.2 holding that any further detention would be detrimental to his defence in the trial and inconsistent with the norms of fairness in criminal…
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State of Karnataka v. Sri Darshan Etc.
Whether the order of the High Court granting bail to the respondents-accused persons in a case involving serious charges u/ss.302, 120B, and 34 IPC is perverse and legally unsustainable, warranting cancellation of bail.
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Ashok Dhankad v. State of NCT of Delhi and Anr.
Issue arose as regards to the sustainability of the order passed by the High Court enlarging the accused on regular bail u/s.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Jamnalal v. State of Rajasthan and Another
In the instant appeal, the father of the prosecutrix challenges the order of the High Court. By the said order, the sentence imposed on respondent no.2 herein was suspended till the final disposal of the appeal. Whether…
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Shanti Devi v. State of Haryana
Issue arose whether the courts below were justified in convicting and sentencing the appellant for the offences punishable u/ss.302/34 and 201/34 IPC for the alleged murder of the son of the informant.
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S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
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Manchu Mohan Babu v. State of Andhra Pradesh & Another
Issue arose as to whether the criminal proceedings against the appellants for conducting rally and dharna against the State Government, allegedly causing obstruction to the free flow of traffic, inconvenience, annoyance…
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Ajwar v. Waseem and Another
Issue arose as regards the correctness of the impugned order passed by the High Court granting bail to respondent no.1-accused.
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Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
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Gajanan Dattatray Gore v. The State of Maharashtra & Anr.
Whether the bail granted to the appellant-accused on the basis of his undertaking to deposit Rs.25,00,000/- was rightly cancelled by the High Court on his failure to deposit the same.
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Anurag Bhatnagar & Anr. v. State (NCT of Delhi) & Anr.
(i) Whether the High Court in exercise of its power u/s.482 of CrPC or under Art.226/227 of the Constitution is justified in refusing to quash the FIR No.380/2005, u/ss.420, 120-B and 34 of the IPC and the order dated…
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M.C. Ravikumar v. D.S. Velmurugan & Ors.
Whether a second quashing petition u/s.482 CrPC would be maintainable on the grounds/pleas that were available to be raised even at the time of filing/decision of the first quashing petition.
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Esakkimuthu v. State Represented by the Inspector of Police
Whether the courts below erred in convicting the appellants and sentencing them to life imprisonment for the murder of the deceased relying upon the testimonies of PW-1 and PW-2, who were interested witnesses being the…
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Victim ‘X’ v. State of Bihar and Anr.
Allegations of torture and sexual exploitation against the respondent no.2-accused. She was granted bail by the High Court. Whether the grant of bail to the respondent no.2-accused has resulted into travesty of justice.
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Byluru Thippaiah @ Byaluru Thippaiah @ Nayakara Thippaiah v. State of Karnataka
Issue arose as regards commutation of the death sentence awarded to the appellant for committing brutal murder of his wife, sister-in-law and his three children.
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Shiv Baran v. State of U.P. & Anr.
Matter pertains to the correctness of the order passed by the High Court quashing the summons issued against respondent u/s.319 CrPC by the trial court.
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Baljinder Kumar @ Kala v. State of Punjab
Whether the courts below erred in convicting the appellant for offences u/ss.302, 308 and 325, Penal Code, 1860 and imposing death sentence on him, when the prosecution had failed to prove his guilt beyond reasonable…
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Pradeep Bhardwaj v. Priya
Issue arose as regards the correctness of the judgment passed by the High Court dismissing the matrimonial appeal filed by the appellant-husband refusing to grant divorce to the parties.
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Kathyayini v. Sidharth P.S. Reddy & Ors.
The High Court quashed the criminal proceedings against respondent nos.1 and 2 in two complaint cases whereby they were charged for offences punishable u/ss.120B, 415, 420 r/w. s.34 of Penal Code, 1860. Whether a prima…
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Rahil & Anr. v. State (Govt. of N.C.T. of Delhi)
Whether the High Court erred in reversing the acquittal passed by the trial court and convicting the appellants for offence u/s.302, Penal Code, 1860 and sentencing them to life imprisonment.
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Amlesh Kumar v. The State of Bihar
Whether in the attending facts and circumstances, the High Court could have accepted a submission of the Sub-Divisional Police Officer, to conduct narco-analysis test of all the accused persons (including the appellant)…
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Vaibhav v. The State of Maharashtra
In a case based on circumstantial evidence where there were missing links in the chain of circumstances, whether the finding of the High Court regarding the conviction of the appellant for offences u/ss.302, 201 r/w…
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Ghanshyam Soni v. State (Govt. of NCT of Delhi) & Anr.
Issue arose whether the cognizance on the complaint u/ss.498A rw s.34 IPC was taken beyond the limitation period as mandated u/s.468 CrPC; and whether the prima facie case u/ss.498A rw s.34 IPC was made out against the…
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Central Bureau of Investigation v. Sekh Jamir Hossain and Ors.
The respondents herein were granted bail by the High Court for the offences punishable u/ss.143, 144, 147, 148, 149, 427, 326, 376 r/w ss.511 and 34 of IPC, 1860.
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Sakhawat and Anr. v. State of Uttar Pradesh
Matter pertains to the correctness of the order passed by the High Court upholding the conviction of the appellants under various sections of Penal Code, 1860, when the prosecution failed to conduct fair investigation…
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Ravinder Singh Sidhu v. The State of Punjab & Ors.
Whether multiple FIRs registered across different States can be clubbed and consolidated in one jurisdiction, or at least within one district per State, under the Court’s power u/Arts.32 and 142 of the Constitution.
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Shaurabh Kumar Tripathi v. Vidhi Rawal
Whether the High Court can invoke its inherent jurisdiction u/s.482, Criminal Procedure Code, 1973 or s.528, Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings initiated u/s.12, Protection of Women from…
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Hakim v. State of NCT of Delhi and Anr.
These instant two appeals assail concurrent findings of conviction u/s.326A of the Penal Code, 1860 and sentence thereof against accused no.1 and accused no.2 respectively appellants herein.
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P Krishna Mohan Reddy v. The State of Andhra Pradesh
Whether the statement of an accused u/s.161, Cr.P.C implicating co-accused can be looked into qua such co-accused at the stage of anticipatory bail or regular bail; whether the High Court exercised its discretion in a…
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Virender Pal @ Vipin v. State of Haryana
Issue arose as regards correctness of High Court order dismissing the appeal of the accused-appellant and upholding his conviction u/s.304-B of Penal Code, 1860.
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Shrichand Rajaram Kukreja and Anr. v. The State of Maharashtra and Anr.
Whether the allegations levelled in the impugned-FIR disclose a dispute of civil in nature; whether the proceedings of the impugned-FIR and the chargesheet filed as a culmination of the investigation is a gross abuse of…
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Rajesh Chaddha v. State of Uttar Pradesh
Whether the High Court while exercising its revisionary jurisdiction erred in upholding the conviction of the appellant under Section 498A, Penal Code, 1860 and Section 4, Dowry Prohibition Act, 1961.
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Harjinder Singh v. The State of Punjab & Anr.
Whether the evidence led, in the instant case, justified the Trial Court’s exercise of power u/s.319 CrPC to summon respondent no. 2, and whether the High Court was right in setting that order aside at the threshold.
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Raju @ Umakant v. The State of Madhya Pradesh
Whether the conviction of the appellant under Sections 366, 376(2)(g) and 342, Penal Code, 1860 and Section 3(2)(v), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is justified.
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Ramyash @ Lal Bahadur v. The State of Uttar Pradesh and Another Etc. Etc
Whether the High Court erred in allowing the Correction Application filed under Section 362, CrPC by the accused persons and modifying its earlier judgment by converting the conviction under Section 302 to Section 304…
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Maharana Pratap Singh v. The State of Bihar & Ors.
Whether due process was followed in dismissing the appellant from service and whether his dismissal from service is justified, on facts and in the circumstances; whether, in light of the facts, evidence, witnesses, and…
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Ramachandraiah & Anr. v. M. Manjula & Ors.
Whether in the facts and circumstances of the case, the High Court was justified in directing for investigation by the CBI.
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State of Himachal Pradesh v. Sanjay Kumar
Whether the High Court was justified in setting aside the conviction and sentence of the accused-A1 u/ss.363, 366, 376 and 201 r/w s.34, IPC and accused-A2 u/s.201 r/w s.34 and acquittin g them.
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Shahed Kamal & Ors. v. M/s A. Surti Developers Pvt. Ltd. & Anr.
Whether the complaint filed by the respondent makes out a case for offences punishable under Section 500 read with Section 34, IPC against the appellants.
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State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) and Others
The issues before the Hon’ble Supreme Court were: I. Whether the recruitment process conducted by West Bengal School Service Commission in 2016 for appointment of Assistant Teachers (Classes IX–X and XI–XII) and…
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Maukam Singh & Others v. State of Madhya Pradesh
Whether the order passed by the High Court upholding the conviction and sentence imposed on the accused u/s.302/34 and ss.323 and 324 rw s.34 IPC justified.
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Satbir Singh v. Rajesh Kumar and Others
Matter pertains to the correctness of the order passed by the High Court whereby it set aside the order of the trial court summoning respondents as additional accused for facing trial along with the principal accused.
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R. Shashirekha v. State of Karnataka And Others
Issue arose as regards the order by which High Court allowed the petition of the respondents thereby quashing FIR and further investigation under ss.34, 306, 420, 506 of Penal Code, 1860.
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Firoz Khan Akbarkhan v. The State of Maharashtra
Whether the concurrent conviction of the appellant u/s.302 r/w s.34, Penal Code, 1860 is justified; whether he is entitled to remission of sentence.
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Sudam Prabhakar Achat v. The State of Maharashtra
Issue arose as to whether the conviction u/s.302 IPC could be converted into s.304 Part I or Part II IPC.
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Yuvraj Laxmilal Kanther & Anr. v. State of Maharashtra
Issue arose as to whether the High Court was correct in dismissing the revision application filed by the appellants assailing the order of the trial court dismissing their discharge applications u/s.227 CrPC.
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Sita Ram & Anr. v. The State of Himachal Pradesh
Matter pertains to the correctness of the order passed by the High Court holding the appellant no.1 guilty of offence punishable u/s. 304 IPC and appellant no. 2 for offences punishable u/ss. 323 and 451 IPC and…
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Sudershan Singh Wazir v. State (NCT of Delhi) & Ors.
Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court.
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Gauri Mahto @ Gauri Kumar v. The State of Bihar
Whether in the facts of the case, prima-facie offence u/s.364-A, IPC against appellant is made out or not.
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Md. Bani Alam Mazid @ Dhan v. State of Assam
In a case where the appellant alongwith a co-accused was alleged to have kidnapped and murdered the minor daughter of PW1, the issues for consideration were: (i) Whether the chain of circumstantial evidence based on…
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The State of Madhya Pradesh v. Balveer Singh
Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness;…
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Subhelal @ Sushil Sahu v. The State of Chhattisgarh
High Court denied regular bail to the appellant for offences punishable under Sections 420, 201, 120-B read with Section 34, Penal Code, 1860. On facts, appellant, if entitled to bail. Factors relevant for considering…
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Tapas Kumar Palit v. State of Chhattisgarh
Appellant in judicial custody for 5 years, no certainty as regards the time likely to take in conclusion of the trial. Whether the appellant is entitled to bail.
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Vasant @ Girish Akbarasab Sanavale & Anr. v. The State of Karnataka
Issue arose as regards the correctness of the order passed by the High Court reversing the acquittal of the appellants-husband and mother-in-law of the deceased-wife and held them both guilty of offences under the Penal…
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Gopal Singh & Anr. v. State of Uttarakhand
Trial court convicted the appellants under Sections 302 and 323 read with Section 34 of the Indian Penal Code, 1860. High Court altered the conviction to Section 304 Part II, IPC. Whether the identity of the appellants…
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Airports Authority of India v. Pradip Kumar Banerjee
Whether the Division Bench of the High Court was correct in setting aside the order of dismissal of the respondent.
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Karan Singh v. State of Haryana
The Trial Court convicted the appellant for the offences punishable u/ss.304-B and 498-A of IPC; By the impugned judgment, the High Court has confirmed the conviction and sentence.
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Ashok Saxena v. The State of Uttarakhand Etc.
Whether the High Court committed any error in holding the appellant guilty of the offence of murder.
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Lalita v. Vishwanath & Ors.
Matter pertains to the correctness of the order passed by the High Court acquitting the respondents for the offence punishable u/ss.306, 498A, and 34 IPC; and incase the first informant dies before stepping into the…
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Mahabir & Ors. v. State of Haryana
Whether the High Court committed any error in passing the impugned judgment and order of conviction in exercise of its revisional jurisdiction u/s.401 r/w. s.397 of the CrPC; Whether Proviso to s.372 of CrPC creates a…
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Gambhir Singh v. The State of Uttar Pradesh
Matter pertains to the sustainability of the order passed by the High Court upholding the order of conviction and death sentence awarded to the appellant by the trial court.
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Constable 907 Surendra Singh & Anr. v. State of Uttarakhand
Matter pertains to the correctness of the judgment of the High Court setting aside the acquittal by trial court and convicting the appellants u/s.302/34 IPC.
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Madhushree Datta v. The State of Karnataka & Anr.
Issue arose as to whether, based on the materials on record, prima facie, ingredients of the offences u/ss.323, 504, 506, 509, and 511 IPC are made out; whether the chargesheet and the related criminal proceedings…
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Nimai Ghosh & Ors. v. The State of Bihar (Now Jharkhand)
The instant criminal appeal assails the findings recorded by the High Court, thereby convicting the appellants herein u/s.302/34 of IPC and s.27 of the Arms Act, 1959. Whether the findings recorded by the High Court in…
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Thammaraya and Another v. The State of Karnataka
Whether the conviction of the appellants-accused under Sections 201 and 302 read with Section 34, Penal Code, 1860 is sustainable.
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Laxmi Das v. The State of West Bengal & Ors.
Whether the appellant, can be charged with abetment of suicide of the deceased, under Section 306 of the Penal Code (IPC).
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The State of Jharkhand & Others v. Vikash Tiwary @ Bikash Tiwary @ Bikash Nath
Whether the High Court was correct in quashing the order/ memo dated 17.05.2023 issued by the Inspector General of Prisons, Ranchi, Jharkhand, making intra-State transfer of the respondent herein from Lok Nayak Jai…
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Goverdhan & Anr. v. State of Chhattisgarh
The two accused-appellants and their father-the third accused, were convicted by the trial court u/s.302 r/w s.34 IPC for assaulting a person with deadly weapons causing his death. High Court upheld the conviction of…
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Omi @ Omkar Rathore & Anr. v. The State of Madhya Pradesh & Anr.
Issue arose as regards summoning a person as accused for facing the trial, when the said person was named in the FIR but not chargesheeted.
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Sanjay Dutt & Ors. v. The State of Haryana & Anr.
According to the Range Forest Officer, the appellants (director and office bearers of the company) had illegally uprooted trees with JCB, destroyed them, and violated the section 4 of the Punjab Land Preservation Act,…
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Prakash and Others v. The State of Maharashtra and Another
Issue arose whether the courts below were justified in accepting the prosecution case that the act of suicide by the victim was a direct result of the words uttered by the appellants at the mahalokadalat when there was…
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Shambhu Debnath v. The State of Bihar & Ors.
Whether the High Court erred in granting anticipatory bail to accused persons despite specific allegations of heinous crime u/s.302 of Penal Code, 1860 and chargesheet on record that established the allegations made…
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Digambar and Another v. The State of Maharashtra and Another
Whether the High Court should have exercised its inherent powers u/s.482 of the Cr.P.C. to quash the criminal proceedings u/ss.498-A, 312, 313 and 34 of the Penal Code, 1860.
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Kunhimuhammed@Kunheethu v. The State of Kerala
Whether appellant had the intention to commit murder; whether the appellant’s act can be brought under section 304, IPC in light of the offence being committed in exercise of private defense and thereby exceeding the…
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Kamaruddin Dastagir Sanadi v. State of Karnataka Through Sho Kakati Police
Whether the High Court was justified in reversing the acquittal of the appellant-accused and convicting him under Sections 417, 306 IPC.
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Gurmeet Kaur v. Devender Gupta & Another
Issue arose whether the appellant while discharging her duty as a public servant on the relevant date, there was any excess in the discharge of the said duty which did not require the first respondent to take a prior…
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Sangram Sadashiv Suryavanshi v. The State of Maharashtra
Whether appellant deserved to be enlarged on bail; whether it is appropriate for High Court to fix a time bound schedule for conclusion of trials.
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Suresh Chandra Tiwari & Anr. v. State of Uttarakhand
(a) Whether the circumstances relied by the prosecution have been proved beyond reasonable doubt; (b) whether those circumstances are of a definite tendency unerringly pointing towards the guilt of the accused; (c)…
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Sonu Agnihotri v. Chandra Shekhar & Ors.
The appellant-Judicial Officer has preferred these appeals for expunging adverse findings/remarks recorded against him in the impugned order dated 02.03.2023 by the Delhi High Court.
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M.R. Ajayan v. State of Kerala & Ors.
Issue arose whether the appellant has the locus standi to prefer this SLP against the impugned order; whether the High Court rightly held the proceedings in question to be hit by the bar u/s. 195(1)(b) Cr.P.C.; and…
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Devendra Kumar & Ors. v. State of Chhattisgarh
Whether the conviction would fall for the offence punishable u/s.302 IPC or under a lesser offence.
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Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr.
Whether after the acceptance of a negative Final Report in the first complaint, upon considering the written objections/protest petition and hearing the complainant, a fresh/second complaint on the same set of facts is…
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Karakkattu Muhammed Basheer v. The State of Kerala
Issue as regards sustainability of the order of conviction and sentence of the accused, when the case not proved beyond reasonable doubt against the accused.
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HDFC Bank Ltd. v. The State of Bihar & Ors.
What is the nature of enquiry while determining quashing of a First Information Report u/s.482 Cr.P.C., against a Bank and its Officials.