Delhi High Court: Liability Under IPC 34 Extends to Inaction if Common Intention Proven

The Delhi High Court has ruled that an individual can be held liable under Section 34 of the Indian Penal Code (IPC) for omission to act if they share a common intention with the actual perpetrator of a crime, even if they are not physically present during the offence.

The court emphasised that failure to prevent a crime when one has the duty and ability to do so, while sharing a common criminal intent, amounts to culpability.

The court clarifies that Section 34 applies not only to actions but also to deliberate inaction, reinforcing accountability in collaborative criminal endeavours.

[Ashok Babu v State of Delhi]