Vicarious criminal liability for sharing common intention
Determination of common intention:
Section 34 of Penal Code is as under:
“Acts done by several persons in furtherance of common intention.—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.”
In order to attract Section 34 IPC, the following ingredients must be established:
(i) there was common intention in the sense of a pre-arranged plan;
(ii) the person sought to be so held liable had participated in some manner in the act constituting the offence.