does common intention mean “same” intention?

Home Forums Does Common Intention mean ‘same’ intention? does common intention mean “same” intention?

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      In the case of Mohan Singh versus State of Punjab AIR 1963, SC 174 observed that the common intention required by Section 34 of IPC is different from the same intention or similar intention.

      To constitute common intention it is necessary that, the intention of each one of them has to be known to the rest of the others and shared by them, whereas in the case of the same or similar intention their intentions are not shared.

      Common intention presupposes the prior concert and also implies pre-arranged plans where the act is done in furtherance of the common intention but in case of the same intention it is not the result of the preconcerted plans and the people having similar intention cannot be held guilty for criminal act with aid of section 34.

      LIABILITY UNDER SECTION 34:

      Section 34 of IPC imposes criminal liability in doing the act with the common intention and the persons who are actually involved in committing a criminal act and who facilitated do such act are equally liable under section 34 whereas in the similar intention the persons having a similar intention and have committed the criminal act are not liable equally but are punished according to the nature of the act.

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