A commits the offence of theft in the house of B. Can A be convicted under Section 380, I.P.C. read with Section 34, I.P.C.? Give reasons and also refer to the case law, if any, on the point.

Question: A commits the offence of theft in the house of B. Can A be convicted under Section 380, I.P.C. read with Section 34, I.P.C.? Give reasons and also refer to the case law, if any, on the point. [UPCJ 2006]

Find the answer to the mains question of IPC only on Legal Bites. [A commits the offence of theft in the house of B. Can A be convicted under Section 380, I.P.C. read with Section 34, I.P.C.? Give reasons and also refer to the case law, if any, on the point.]

Answer

Section 34 of the code deals with the provision relating to ‘acts done by several persons in furtherance of common intention’ which is known as common intention. This section reads as follows -

“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."

Thus, it is clear from the language of Section 34 that this section will apply only when there are several persons involved in the commission of the act, i.e. more than one person.

In the present case, there is only one person namely A who has committed the offence of theft under section 380, IPC.  A cannot be convicted under Section 380 (theft committed in dwelling house etc.) read with Section 34 of IPC. The Supreme Court in Rama Swami v. State of Tamil Nadu [1976 AIR 2027], observed that section 34 can be invoked only when an offence is committed by several persons i.e., by more than one person, as referred above.

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