IPC Section 35 vs BNS Section 35 – Act Done with Criminal Knowledge or Intention
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 35
When an Act is Criminal by Reason of its Being Done with a Criminal Knowledge or Intention
About IPC Section
Section 35 of the Indian Penal Code (IPC), 1860, deals with situations where an act becomes criminal because it is carried out with criminal knowledge or intention. It provides that whenever such an act is done by several persons, each person who joins in the act with that knowledge or intention is liable for the act in the same way as if he had done it alone.
The provision highlights that liability is not limited to the person who physically executes the act, but extends to all who knowingly participate. For instance, if a group of people knowingly administers a harmful substance to another person, each participant is guilty, regardless of who actually administered it.
This section reinforces the principle that criminal responsibility is not restricted to physical execution but includes mental involvement—knowledge and intention being key elements of crime. It ensures that individuals who act in concert with awareness of the consequences cannot evade liability.
Thus, IPC 35 strengthens the concept of collective liability by addressing cases where criminality stems not just from physical actions but also from shared knowledge or intention of all participants in the act.
Section: BNS 35
When an Act is Criminal by Reason of its Being Done with a Criminal Knowledge or Intention (Retained)
About BNS Section
Section 35 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the principle laid down in IPC 35. It provides that when an act is criminal because it is done with criminal knowledge or intention, and several persons join in committing it with that knowledge or intention, each of them is liable as if he had committed it alone.
This provision continues to be highly relevant in cases involving collective misconduct. For example, if multiple individuals participate in manufacturing harmful products knowing they may cause injury, each one is equally responsible. The section ensures that awareness and intention carry equal weight in criminal liability, preventing offenders from escaping responsibility by delegating execution to others.
The BNS makes slight linguistic modifications to simplify the section but preserves its substance. It emphasizes that participation with criminal knowledge or intention is enough to attract liability, regardless of the extent of direct involvement.
Thus, BNS Section 35 continues to uphold the principle of shared responsibility in crimes involving multiple persons, reinforcing fairness and accountability in law. It ensures that collective criminal behavior rooted in common knowledge or intent remains punishable under the reformed code.