Facts of the case in brief :

In this case the police had gone to arrest A at his home. B, C and D were also present at that time. When all the three persons saw police coming, they came out of the house and gave a blow on the police and they drove them away. The court held that all the three are liable for the blow even if the blow was given by only one person.

Issue

Whether the accomplices present at the scene (B, C, and D) could be held jointly liable for aiding and supporting the assault on the constable?

Law involved/Discussed

The case involves the principle of joint liability, where all participants present during a criminal act can be held accountable for providing encouragement, support, or protection to the main offender. In Indian criminal law, joint liability is primarily governed by Section 34 of the Indian Penal Code (IPC). This section holds individuals equally responsible for a criminal act if they share a common intention to commit it and the act is done in furtherance of that intention. Even if an individual did not directly participate in the act, they can still be held liable if their actions contributed to the shared criminal objective. This principle aims to deter criminal activity by making individuals accountable for the actions of their associates when they act with a shared criminal purpose. Section 34 of the IPC states that when a criminal act is done by several persons in furtherance of a common intention, each of them is liable for that act in the same manner as if it were done by him alone.

This means that if a group of people act together with a shared purpose to commit a crime, even if only one person physically carries out the act, all members of the group can be held equally responsible for the crime. This section finds place in the new Act titled as the Bharatiya Nyaya Sanhita, 2023 under Section 3(5) wherein it remains the same in essence. Section 3 clauses 5 to 9 discuss the concept of joint or constructive liability.

Judgment (Conclusion)

The court established the principle of joint liability, holding that the presence of B, C, and D at the scene provided encouragement, support, and protection to A. Thus, they were all held liable for the assault on the constable, regardless of whether they directly committed the act. The concept of joint criminal liability thus emerged. The Section 3(5) Bharatiya Nyaya Sanhita, 2023 is the same as Section 34 of the Indian Penal Code. This section is interpretative and does not create a substantive offense. Instead, it serves as a rule of evidence to establish the liability of co-accused individuals.