Whenever an act, which is criminal only be reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
IPC Section 35: Simplified Explanation
Section 35 of the Indian Penal Code (IPC) elaborates on criminal knowledge and intention, clarifying when an act becomes criminal due to the perpetrator’s state of mind. This section is crucial for understanding how knowledge and intention can affect the criminality of an act.
Here’s an explanation of IPC Section 35:
The text of Section 35 IPC reads: “Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.”
Critical Elements of IPC Section 35:
- Criminal Knowledge or Intention: The section addresses criminal acts not because of the act but because they are performed with a specific criminal knowledge or intention. This distinction is important because it underlines the role of the mental state in determining criminal liability.
- Collective Action: Similar to Section 34, this provision applies to situations involving multiple individuals. However, the focus here is on their shared criminal knowledge or intention rather than a common intention to commit a particular act.
- Liability: Each individual involved in the act who possesses the requisite criminal knowledge or intention is held individually liable for the crime as if they had committed it alone with that knowledge or intention.
Implications of IPC Section 35:
- Mental State as Basis for Liability: This section reinforces the principle that the mental state (mens rea) at the time of committing an act can be the basis for criminal liability. It emphasizes that having specific knowledge or intention that makes an act criminal is sufficient for liability.
- Shared Knowledge or Intention: In cases involving multiple participants, the shared knowledge or intention regarding the criminal nature of the act binds them together in liability, even if their contributions to the act vary.
- Evidence and Inference: Proving criminal knowledge or intention is crucial in applying this section. Such proof often relies on circumstantial evidence or inference from the accused’s actions and statements before, during, or after the crime.
Legal Importance:
Section 35 IPC is fundamental for understanding how the law interprets acts done by groups with specific criminal knowledge or intentions. It highlights the importance of the mental element in criminal acts, especially in collaborative settings where each participant’s knowledge or intention contributes to the commission of the crime.
