The Court also pointed out that while Section 34 (common intention) of the IPC specifically provides for scenarios where an offence is carried out because of a common intention shared by two or more offenders, no such corresponding provision is there in the IT Act.
“Ex facie, neither section 43 nor section 72 makes punishable an offence as defined therein when it is committed by two or more persons by sharing a common intention, neither is there any other provision in the IT Act which would demonstrate the legislature having comprehended a situation where these offences are committed by sharing a common intention as defined under section 34 of the Indian Penal Code,” the Court held.
Thus, acts done with common intention by two or more persons are not covered under the IT Act and can only be punished under the IPC, the Court pointed out.
Advocates PP Uttarwar, RF Totala, Rahul Totala, Riya M Jariwal, Swapnil Lohiya, Ganesh S Yada, Vedant S Kabra, RA Karwa, Bharat Chugh, Tapan K Sant,Abhaykumar D Ostwal, PM Salunke, VL Bhange, SS Munit, RN Patil, Kiran Jadhav and Ajit Gaikwad Patil represented various parties in the several criminal applications.
Public Prosecutor AB Girase appeared for the Maharashtra government.
Source: Barandbench
