Common Intention
Section 34 of the pakistan penal code deals with constructive criminality i.e., liability of all for acts done by one or more. This section was introduced in order to meet the cases in which it may be difficult to apportion the liability of each member according to his participation in the commission of the crime. Since it is difficult to distinguish precisely the part taken by each member of a group, it was thought necessary to declare all the persons equally liable for the acts done. SEction 34 does not create a distinct offence, it only lays down the principle of joint criminal liability. So it is a rule of evidence only and does not create a substantive offence.
The words “furtherance of common intention “have been the subject of much discussion amongst the lawyers and conflicting interpretations have been put forth.
One common agreed point has, however, been that furtherance of commonly design is the condition precedent for joint liability under section 34. The words common intention means unity of purpose or a pre-arranged plan.
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