IPC Section 34 = BNS Section 3(5)

Acts Done by Several Persons in Furtherance of Common Intention

सामान्य आशय से कई व्यक्तियों द्वारा किए गए कार्य

Criminal Conspiracy, Abetment & Attempt No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 34 of the IPC was one of the most frequently invoked provisions in Indian criminal law. It established the principle of constructive liability — when a criminal act is done by several persons in furtherance of a common intention, each person is liable as if the act was done by them alone. Under the BNS 2023, this is now Section 3(5).
Hindi IPC की धारा 34 भारतीय आपराधिक कानून में सबसे अधिक प्रयुक्त प्रावधानों में से एक थी। इसने रचनात्मक दायित्व का सिद्धांत स्थापित किया — जब कोई आपराधिक कृत्य सामान्य आशय से कई व्यक्तियों द्वारा किया जाता है, तो प्रत्येक व्यक्ति उतना ही उत्तरदायी होता है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 34 Section 3(5)
Title Acts Done by Several Persons in Furtherance of Common Intention Acts Done by Several Persons in Furtherance of Common Intention
Punishment Same as the offence committed (applied with substantive sections) Same as the offence committed (applied with substantive sections)
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Depends on the substantive offence

Key Changes

  • Section number changed from IPC 34 to BNS 3(5)
  • Now part of the general explanations chapter rather than a standalone section
  • Substantive principle of common intention remains unchanged
  • Application with other offence sections continues in the same manner

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 A criminal act was done by several persons
  2. 2 The act was done in furtherance of the common intention of all
  3. 3 Each person participated in some manner
  4. 4 There was a pre-arranged plan or meeting of minds (common intention)

Frequently Asked Questions

What is the BNS equivalent of IPC Section 34?

IPC Section 34 (Common Intention) is now BNS Section 3(5) under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

How does Section 34/BNS 3(5) work?

It creates constructive liability. If several persons commit a criminal act in furtherance of their common intention, each of them is liable for the entire act as if they alone did it. It is always read with a substantive offence section.

What is the difference between common intention and common object?

Common intention (IPC 34/BNS 3(5)) requires a pre-arranged plan and active participation. Common object (IPC 149) relates to unlawful assembly of 5+ persons and has a wider scope.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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