SECTION 34 IPC - Indian Penal Code - Acts done by several persons in furtherance of common intention -
Description of IPC Section 34
According to section 34 of Indian penal code, 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.
Legal Questions Answered by Top Lawyers on IPC 34
My friends son was trapped by his friend (main accused) and carried him to his Nana house where the friend misbehaved with senior couple.Both were charged u/s 452/394/34 and they are in custody since 10.06.2017.Three bail applications were rejected.Now I.O is going to file charge sheet.It is learnt that in my friend son case section 394 has been removed whereas in other case sec.394 has been substituted.Earlier bail applications for both were filed by one advocate but now my friend is thinking to file separately as he feels the chances are better for bail. Is he right?.The main accused father is displeased because of this.Nana/Nani has already filed withdrawal of case.
Answer
Yes, filing separately will open up more chances of bail for your friend's son. Since 394 has been removed, it is wise to file a bail application separately as that will give more chances for the bail application to be accepted.
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Advocate Arzoo Raj
Mayur Vihar Phase - 1,
Delhi
a warrant was being issued in 2010. charges was for absconding hearing. IPC 324/34. yesterday police arrested him. we don't have any documents regarding the case. now how will I step ahed to apply for bail?
Answer
You can do 1 thing just collect the case number and apply for the certify copy where you will get the F.I.R. and also the complaint . When the accused will be presented before the Learned Magistrate you can pray for bail on the grounds that the accused have been falsely prosecuted by the Police.
Thanks.
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My wife Lodged a case 498a,323, 506 & 34 ipc against me & my family members. Now she wants to withdraw the case due to stay together. We have gotten the jamin.1st hearing date will be August 2019. What is the procedure to withdraw the case & how much time required to withdraw the case? How much money is required to withdraw the case?
Answer
if your wife agreed for withdraw the case then file a withdraw petition before the trial court for withdraw the case .
fees depends on lawyer to lawyer.
and time depends on the court .
but without detail discussion proper consult is no possible.
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me n my friend booked under 353 n 34 ipc sections we had a fight with best driver now we want to come out of this case by paying fine or. anything like that is it possible??
Answer
Yes, it is possible. Both parties can file mutual affidavit before the court, that we can settled the matter mutually or we want to compromise it. you can ask for withdrawal of the complaint, and quash FIR from high court along with joint affidavit.
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Sir I am trapped in a case... There was a fight of my friend in which I went for the help. One of our friend hit the chair on the head of the person of the opposite side and he got injured and hence got 3 stitches on his head. And that person has filed case against us under IPC 308/34. They filed the case for 12 people and I am one of them but he has mentioned my name specially that I have hit the chair but I have done nothing I was just standing there and I have a video as a proof of it but it's not that much clear . So now my friend which had a fight is in jail since 18th July and he is unable to get bail and now police is saying to arrest us also because we haven't surrendered till. Only we four people are in trouble whose names are mentioned specially. All other are roaming freely. So can you please me what should I do now. One of lawyer said that we will not get bail. I am in a big trouble. Kindly help me. How can I get bail or get rid of this problem.
Answer
The entire evidence and the documentation needs to be produced before the judge who will be hearing the bail applications in the court where the police station will lie so that we are prepared for our bail
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IF THE SETTLEMENT TOOK PLACE IN FAMILY COURT WHAT THINGS TO TAKE CARE FOR THE CLOSUR OF ALL ABOVE ACTS CASES CURRENT STAGE IS AB GRANTED BY DEPOSITING STRIDHAN & DOWRY AMOUNT AND CHARGE SHEET FILING IN PROCESS
Answer
if your spouse is ready to settle the issues with regard to the Criminal action taken by her , you can file Criminal Application under section 482 of code of criminal procedure to quash the FIR . which is a hardly one or two hearing issue.
this proceedings is required to be filed in the Hon'ble High Court.
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Advocate Akshay R Kapadia
Fort, Mumbai
It is a suicide case. Accused A1 ,A2,,&A3 are in jail for last one month. Charge sheet not yet filed A2,A3 are Senior citizens. We are trying to get bail for senior citizens through Advocate. But it is not materializing. Whether can We get a copy of Post martem report. How much time generally it takes to obtain a bail in such case. Pl advise.
Answer
HI
You can approach the high court for grant of bail for A2 & A3.
Copy of postmortem report might not be necessary for grant of bail.
For grant of bail, all you need to say is
a) A2 & A3 are falsely implicated in a suicide case.
b) A2 & A3 are not likely to threaten witness and that being senior citizens will support investigation
c) A2 & A3 will attend the case hearing regularly.
not sure whether it is 304B or 306 . Depending on case section can help in adding more grounds for grant of bail.
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Dear Sir, Myself ..this matter is related to my brother in law's family, Actually my brother in law's wife done sucide & in dying declaration she has taken the names of all family members, including my wife also though she was not present at that place, police filed fir & my brother in law, his elder brother & father were arrested & given magistrate custody ssince from 7 months, my mother in law & sister in law were absconded n chargesheet has been filled by police. Only my wife got the bail in high court-as her presence was not seen & she has baby on Brest feeding. In this matter their whole family get in stuck.. 3 male members, tow brother in law & father in law (62 age) are in the jail..2 ladies my mother in law & sister in law are under 299.. Sessions court rejected bail & high court is not giving the bail so we withdraw the application. In chargesheet only husband role is there. Now in this matter what to do please guide us. Almost 7 months they are in jail
Answer
Yes definitely there is another option that we can file again bail application as well as another thing is that we can proceed the matter as early as possible. it is also a good option
We can proceed on merit
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