Group liability ensures that when multiple individuals act together to execute a crime, each participant is held jointly liable for the final outcome.
1. The Doctrine of Common Intention: BNS Section 3(5) [formerly IPC Section 34]
The Sanhita codifies joint liability, stating that when a criminal act is committed by several persons in furtherance of a common intention, each is liable as if he did it alone.
Key Elements:
- A prior meeting of minds and pre-arranged plan (distinguishing it from similar intention).
- Active physical participation or furtherance of the act.
Three armed men entered a post office and shot the postmaster. The appellant stood guard outside to look out. The Privy Council held him equally liable for murder under Section 34, with Lord Sumner famously declaring: "They also serve who only stand and wait."
2. Abetment (BNS Sections 45-62)
Abetment is an inchoate (incomplete) crime committed by instigating, engaging in conspiracy, or intentionally aiding the commission of an offense. The act of abetment is punishable even if the ultimate crime is not committed.