Common Object Common Intention - Law Dictionary Search Results
Home Dictionary Name: common object common intentionCommon object, common intention
Common object, common intention, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object, Chanda v. State of Uttar Pradesh, (2004) 5 SCC 141 (147). (Indian Penal Code, 1860, s. 149)...
Common Intention, common object
Common Intention, common object, under s. 34 when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The words 'in furtherance of the common intention of all' are a most essential part of s. 34 of the Indian Penal Code. It is common intention to commit the crime actually committed. This common intention is anterior in time to the commission of the crime. Common intention means a pre-arranged plan. On the other hand, s. 149 of the Indian Penal Code speaks of an offence being committed by any member of an unlawful assembly in prosecution of the common object of that assembly, Devilal v. State of Rajasthan, (1971) 3 SCC 471: AIR 1971 SC 1444 (1446). [Indian Penal Code (45 of 1860), ss. 34 and 149]...
Common object
Common object, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object. The 'common object' of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances. It may be gathered from the course of conduct adopted by the members of the assembly, State of Maharashtra v. Kashirao, AIR 2003 SC 3901 (3905): (2003) 10 SCC 434. (Penal Code, 1860, s. 141)Common object, the word object means the purpose or design and in order to make it common it must be shared by all, Charan Singh v. State of Uttar Pradesh, (2004) SCC 205....
Common intention
Common intention, to prove common intention it is not necessary to establish a pre-concerted plan. The common intention may develop on the spot, Harwant Singh v. State of Haryana, (1969) 3 SCC 717 (727). (Indian Penal Code, 1860, s. 34)Denotes action in concert and necessarily postulates a pre-arranged plan prior meeting of minds and an element of participation in action. Acts may different and vary in character but must be actuated by the same common intention, which is different from same intention or similar intention, Priya Patel v. State of Madhya Pradesh, AIR 2006 SC 2639 [Indian Penal Code, s. 34]...
In furtherance of the common intention
In furtherance of the common intention, to invoke the aid of s. 34 Indian Penal Code, 1860 success-fully, it must be shown that the criminal act com-plained against was done by one of the accused persons in the furtherance of the common intention of all; if this is shown, then liability for the crime may be imposed on any one of the persons in the same manner as if the act were done by him alone. (AIR 1945 PC 118 followed), Shankarlal Kacharbhai v. State of Gujarat, AIR 1965 SC 1260 (1262): 1965 Cri LJ 226. (Indian Penal Code s. 34)...
Common purpose of journey
Common purpose of journey, means that the passengers travelling together need to have the common intention to travel to a common destination but they need not share the common intention of travelling for the same purpose as well, State of Andhra Pradesh v. B. Noorulla Khan, (2004) 6 SCC 194....
intention
intention : something intended : intent [the of the testator] NOTE: Intent is more commonly used than intention when speaking technically esp. about the criminal and tort concepts of intent (senses 1a and 1b). ...
Intent and knowledge
Intent and knowledge, 'intent' and 'knowledge' in the ingredients of s. 299 of the Indian Penal Code postulate the existence of positive mental attitude and this mental condition is the special mens rea necessary for the offence, Jayaraj v. State of Tamil Nadu, AIR 1976 SC 1519 (1524): (1976) 2 SCC 788.Knowledge in s. 304, Indian Penal Code, Part II is the knowledge of likelihood of death and the common intention is with regard to the criminal act, Afrahim Sheikh v. State of West Bengal, AIR 1964 SC 1263 (1268): (1964) 6 SCR 172....
common-law
common-law 1 : of, relating to, or based on the common law [common-law immunity] 2 : relating to or based on a common-law marriage [her common-law husband] ...
common-law
common-law 1 : of, relating to, or based on the common law [common-law immunity] 2 : relating to or based on a common-law marriage [her common-law husband] ...
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