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Essay On Joint Liability

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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 sec 34-38 in IPC .There are three more sections relating to joint liability viz. Section 149 relating to Unlawful assembly, sec-396 dealing with dacoity with murder or grievous hurt and section 460 House breaking by night with murder and grievous hurt. Joint Liability is called “constructive Liability”. constructive Liability in criminal law means the Liability of a person for an offence which he has not actually committed. It is different from vicarious Liability which is Liability one incurs for the act of a servant or an agent during the course …show more content…

The amended section 34 of IPC simply says that all those persons who have committed a crime with a common intention and they have acted while keeping in mind the common intention, then everyone should be liable for the acts of another done in common intention as if the act is done by the person alone. It happens that different persons perform different acts in the commission of the act or non commission of the act, even though when section 34 applies, all the persons in group are jointly liable for the acts of …show more content…

King Emperor was one of the earliest cases where the court convicted another person for the act of another done in furtherance of common intention. The facts of the case are, a group of armed persons entered in the police station on 3rd August, 1923. They demanded money from the post master where he was counting the money. They fired from the pistol at the postmaster, due to which the postmaster died on the spot. All of the accused ran away without taking money. The Police was able to catch Barendra Kumar Ghosh who was standing outside the post office as a guard. Barendra’s contention was that he was only standing as a guard but the Calcutta high court convicted him for murder under section 302 r/w section 34 of Indian Penal Code. When he appealed in the Privy Council, his appeal was

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