WHAT TO BE READ ?
1. GENERAL PRINCIPLE : I CANNOT BE LIABLE FOR WHAT YOU DID
2. CONCEPT OF JOINT LIABILITY
3. RATIONALE FOR JOIN LIABILITY
4. GROUP LIABILITY UNDER IPC
• He is being a member of a conspiracy to commit such an offence (s. 120-b); and
• The common intention of all to commit such an offence (s. 34);
• He is being a member of an unlawful assembly, the members whereof knew that an offence was likely to be committed (s. 149).
5. JOIN LIABILTY UNDER SECTION 34 IPC
6. ESSENTIALS AND PRINCIPLES :
S. 34 can easily be understood by subdividing its essentials into three basic ingredients:
• a criminal act must be done by several persons;
• the criminal act must be to further the common intention of all;
• there must be participation of all the persons in furthering the common intention.
7. FIRST ELEMENT : A CRIMINAL ACT MUST BE DONE BY SEVERAL PERSONS
8. SECOND ELEMENT : COMMON INTENTION
• Finding mens rea in one person = imputed to all
• Guiding principles of 'common intention':
• Difference between common intention and similar intention
9. THIRD ELEMENT : PARTICIPATION
10. LANMAR CASE LAWS
11. JOINT-LIABILITY UNDER SECTION 149, I.P.C.
12. ESSENTIAL INGREDIENTS OF SECTION 149 I.P.C
13. SECTION 34 AND SECTION 149 DISTINGUISHED