Criminal Intent - Law Dictionary Search Results
Home Dictionary Name: criminal intentcriminal intent
criminal intent see intent ...
intent
intent 1 : the act or fact of intending: as a : the design or purpose to commit a wrongful or criminal act called also criminal intent compare knowledge, mens rea, motive, negligence b : the purpose to commit a tortious act having consequences that the actor desires and believes or knows will occur constructive intent : intent that is inferred to exist (as from willfulness or recklessness) in relation to an act criminal intent : intent general intent : intent to perform an illegal act without the desire for further consequences or a precise result [there was a general intent to assault but not to kill] specific intent : intent to perform an illegal act with the knowledge or purpose that particular results will or may ensue [assaulted him with specific intent to kill] trans·ferred intent 1 : intent attributed to a person who intends to cause another harm when the harm is accidentally inflicted on an unintended victim 2 : a doctrine in tort and criminal law: a wrongdoer...
Assault with intent
Assault with intent, means any of the several assaults that are carried out with an additional criminal purpose in mind, such as assault with intent to murder, assault with intent to rob, assault with intent to rape, and assault with intent to inflict great bodily injury. There are modern statutory inventions that are often found in State Criminal Codes, Black Law Dictionary 7th Edn., p. 110....
Criminal trespass
Criminal trespass, every trespass does not amount to criminal trespass within the meaning of s. 441 of the Indian Penal Code. In order to satisfy the conditions of s. 441 it must be established that the appellant entered possession over the premises with intent to commit an offence. In the absence of an intention to commit an offence would not amount to criminal trespass, Kanwal Sood v. Naval Kishore, (1983) 3 SCC 25: AIR 1983 SC 159 (161). [Penal Code, 1860, s. 441]...
scienter
scienter [Latin, knowingly, from scient- sciens, present participle of scire to know] 1 : knowledge of the nature of one's act or omission or of the nature of something in one's possession that is often a necessary element of an offense [the element constitutionally required for an obscenity statute "Wall Dist. v. Newport News, 323 S.E.2d 75 (1984)"] ;also : intent to engage in particular esp. criminal conduct [a few environmental statutes…do away altogether with the need to prove …requiring no proof of criminal intent whatsoever "R. J. Kafin et al."] 2 : a mental state in fraud (as securities fraud) that is characterized by an intent to deceive, manipulate, or defraud ...
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]...
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). ...
Criminal contempt
Criminal contempt, any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court. Any episode in the administration of justice may, however, be publicly or privately criticised, provided that the criticism is fair and temperate and made in good faith. The absence of any intention to refer to a Court is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, 1952, s. 3]Clause (c) of S. 2 of the Contempt of Courts Act, 1971 (70 of 1971) merely codifies the definition of 'criminal contempt' which had previously been crystallised by judicial decisions. It defines 'criminal contempt' to mean publication of any matter, or the doing of any other act which(i) scandalises or tends to sca...
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....
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)...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial