01 April, 2008

Common Intention-Section 34 IPC

Contributed by Dinesh Miglani


Common Intention implies a prearranged plan and acting in concert pursuant to the plan.

It must be proved that the Criminal act was done in concert pursuant to the pre-arranged plan.

It comes into being prior to the Commission of the act in point of time, which need not be a long gap.

The gap need not be long sometimes common intention can be developed on the spot.

The essential factor is a pre-arranged plan to execute the plan for the desired result.

Each of such person will be liable in an act done in furtherance of common intention as if the act was done by one person.

Common Intention does not mean the similar intention of several person.

To constitute common intention, it is necessary that the intention of each one of them be known to the rest of them and shared by them.

For any query:-
legalpoint@aol.in

No comments: