Friday, 29 July 2016

COMMON INTENTION - A SIMPLE OVERVIEW





* Section 34 to 38 are interwoven and elucidate the principles which govern the joint liability.
*Section 34 explains about the joint liability including common intention.
*Section 34 reads as " When a criminal act is done by several persons in furtherance of common intention of all, each of such persons is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention"
* Section 34 discourages group criminals.
* Section 34 is mainly intended to meet where it is difficult to distinguish between the acts of the individual members of the party who act in furtherance of common intention of all or prove what part was taken by each of them in committing the offence.
*For common intention of the accused persons their active participation must be proved .
*Overt act however small is the prerequisite of section 34
*To attract the provisions of section 34 it requires that the act must have been a prearranged plan, and prior meeting of mind must have taken place.
* In furtherance to common intention of all implies the recognition of preliminary acts or the necessary acts which are essential to the commission of offence.
* Section 34 does not form a distinct offence.
*Section 34 is a rule of evidence as it is inferred from facts and circumstances.
* The question of compounding does not come into question as section 34 does not create a distinct offence.
Maitreyi

No comments:

Post a Comment