Indian Penal Code, 1860 · Chapter II: General Explanations
Section 35: When such an act is criminal by reason of its being done with a criminal knowledge or intention
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 35
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Yuvraj Laxmilal Kanther & Anr. v. State of Maharashtra
Issue arose as to whether the High Court was correct in dismissing the revision application filed by the appellants assailing the order of the trial court dismissing their discharge applications u/s.227 CrPC.
- Manoj Kumar Tiwari v. Manish Sisodia & Ors
- Kavitha Lankesh v. State of Karnataka & Ors.
- Central Bureau of Investigation, Hyderabad v. K. Narayana Rao
- C.B.I. and Ors. v. Keshub Mahindra Etc. Etc.
- State of Orissa v. Choudhuri Nayak (Dead by Lr) & Ors.
- Saravanan and Anr. v. State of Pondicherry
- Keshub Mahindra v. State of M.P.
- M/S. Gujarat Machinery Manufacturers Ltd. v. Collector, Central Excise, Baroda.