Section 35 IPC: When such an act is criminal by reason of its being done with a criminal knowledge or intention

Indian Penal Code, 1860

Section 35 IPC at a Glance

Section 35 IPC deals with when such an act is criminal by reason of its being done with a criminal knowledge or intention. From 1 July 2024 it is replaced by Section 3(6) BNS.

Punishment

None of its own. Each person is liable to the punishment for the offence done with that knowledge or intention.

BNS Equivalent

Section 3(6) →

Section 35 IPC Bare Act Text

35. When such an act is criminal by reason of its being done with a criminal knowledge or intention

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.

Source: Section 35, Indian Penal Code, 1860

Section 35 IPC in Simple Words

Section 35 of the Indian Penal Code (IPC) sets a rule of joint liability for an act which is criminal only by reason of its being done with a criminal knowledge or intention.

When several persons do such an act, each of them who joins in it with that knowledge or intention is liable for it in the same manner as if he had done it alone with that knowledge or intention.

The section creates no offence and sets no punishment.

Ingredients of Section 35 IPC

  • An act which is criminal only by reason of its being done with a criminal knowledge or intention
  • The act done by several persons
  • Each person joining in the act with such knowledge or intention

Punishment Under Section 35 IPC

Imprisonment

None of its own. Each person is liable to the punishment for the offence done with that knowledge or intention.

Fine

None of its own. Any fine comes from the section for the offence committed.

Section 35 IPC has no entry in the First Schedule to the CrPC. Cognizance, bail and the trial court follow the entry for the offence committed.

Example of Section 35 IPC

In 2019 in Bhopal, Deepak, Manish and Tarun together submitted a forged land deed to a bank for a loan. Submitting the deed was an act criminal only by reason of its being done with a criminal knowledge and intention. Deepak and Manish each joined in the act knowing the deed was forged and intending to defraud, while Tarun, a clerk who handed over the folder, had neither. Under Section 35 IPC, Deepak and Manish are each liable for the act in the same manner as if each had done it alone with that knowledge and intention.

When Section 35 IPC Does Not Apply

  • Section 35 IPC does not apply to a person who takes part in the act without the knowledge or intention that makes the act criminal.
  • Section 35 IPC does not apply when a single person performs the act alone rather than several persons doing it.
  • Section 35 IPC does not apply where the act is already an offence regardless of the actor's knowledge or intention.
  • Section 35 IPC does not apply where several persons commit a criminal act in furtherance of the common intention of all, as that situation falls under Section 34 IPC.

Section 35 IPC in the BNS

Section 35 IPC is now covered under Section 3(6) BNS.

Section 3(6) BNS carries the rule in the same words. It is a sub-section of the general explanations in Section 3(6) BNS and has no heading of its own.

View detailed comparison (IPC 35 vs BNS 3(6)) →

FAQs on Section 35 IPC

What does Section 35 IPC say?▼

That when 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 them who joins in the act with that knowledge or intention is liable for it as if he had done it alone with that knowledge or intention.

What must be shown for Section 35 IPC to apply?▼

That the act is criminal only by reason of the knowledge or intention behind it, that several persons did it, and that the person charged joined in it with that knowledge or intention.

How does Section 35 IPC differ from Section 34 IPC?▼

Section 34 IPC rests on the common intention of all the persons who did the act. Section 35 IPC speaks of each person who joins in the act with the knowledge or intention that makes it criminal.

Can one person be liable under Section 35 IPC while another is not?▼

Yes. The section reaches only a person who joins in the act with that knowledge or intention. A person who joins without it falls outside it.

Does Section 35 IPC create an offence?▼

No. It sets a rule of liability and no punishment. The punishment comes from the section for the offence committed.

Where is Section 35 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 3(6) BNS, with the same words.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·