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my presentation
 My profile

Jannatul Ferdows Jui

ID- 140314035
8th Batch
Department of law
Z.H.SIKDER UNIVERSITY OF SCIENCE AND TECNOLOGY
 My topic

Joint Criminal Enterprise

 Introduction
Criminal law generally only holds offenders liable for their own actions but,
under the doctrine of joint enterprise, a person may be found guilty for
another person's crime.
Simple association or accidental presence during a crime is insufficient for a
charge under joint enterprise. A suspect must knowingly assist or encourage
the crime and agree to act together with the primary offender for a common
purpose. For example, the driver of a getaway vehicle can be charged with
robbery under joint enterprise even if an accomplice actually perpetrated the
crime.
 Definition of Joint Criminal Enterprise

Joint enterprise is a doctrine of common law dating back several centuries

that has been developed by the courts to allow for more than one person to
be charged and convicted of the same crime.
If it can be proved that the participants were working together in some way,
then they are all guilty of all the crimes committed during the course of their
joint enterprise, regardless of the role they played.
 The Basic Form of Joint Criminal
Enterprise
JCE I is the liability for a common criminal purpose; the basic form where
the participants act on the basis of a common design or common
enterprise and with a common intention. Cases where all co-perpetrators,
acting pursuant to a common design posses the same criminal intention such
as the formulation of a plan among the co-perpetrators to kill, where, in
effecting this common design, and even if each co-perpetrator carries out a
different role within it, they nevertheless all purpose the intend to kill. The
accused must voluntary participate in one aspect of the common design, for
instance, by inflicting non-fatal violence upon the victim, or providing
material assistance to, or facilitating the activities of his co-perpetrators.
 The Basic elements of Joint Criminal
Enterprise
section 34 to section 38 deals with the joint criminal enterprise. Which
existence of purpose in a offence is created joint criminal liability, aer as
follows,
The offence must be done jointly with common inetntion.
The offence must be done with criminal knowledge,
If offence is mabe by combination of act or ommission.and
abetment of offence.
 Conclusion
The concept of joint liability is embodied in section 34 of Indian penal
Code. This section just gives the definition of joint liability and it does not
give any punishment for the same. This section has to be read with various
other sections of PC like section 120A which gives definition of criminal
conspiracy, section 120 B which gives punishment for criminal conspiracy
and section 149 which deals with unlawful assembly. This section 34 cannot
be applied on its own and has to be applied with some other section so as to
make a person jointly liable for that offence.