Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
Active physical presence and participation in furtherance of common intention is required under Section 34; overt act by each individual accused is not necessary once common intention is proved.
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
Active physical presence and participation in furtherance of common intention is required under Section 34; overt act by each individual accused is not necessary once common intention is proved.
Citations work in any format: (1978) 1 SCC 248, AIR 1973 SC 1461.
Name a provision: 302 IPC, Section 41A CrPC, Article 21.
Quotes for a phrase: "rarest of rare".
OR for alternatives, a minus sign to exclude: bail -anticipatory.
Small spelling mistakes in case names are forgiven.
AIR 1955 SC 216
Common intention requires prior concert or meeting of minds; can develop on the spot, but cannot be inferred merely from similar or parallel acts without prior meeting of minds. | Distinction between common intention and similar intention applied under Section 3(5) BNS.
Classic distinction between common intention (pre-arranged plan and meeting of minds) and similar intention; same or similar intention cannot be equated with common intention under Section 34. | Joint liability and prior concert principles applied to Section 3(5) of Bharatiya Nyaya Sanhita (corresponding to Section 34 IPC).
They also serve who only stand and wait; physical presence and participation in furtherance of pre-arranged common intention renders all co-accused equally liable under Section 34.
Citations work in any format: (1978) 1 SCC 248, AIR 1973 SC 1461.
Name a provision: 302 IPC, Section 41A CrPC, Article 21.
Quotes for a phrase: "rarest of rare".
OR for alternatives, a minus sign to exclude: bail -anticipatory.
Small spelling mistakes in case names are forgiven.
AIR 1955 SC 216
Common intention requires prior concert or meeting of minds; can develop on the spot, but cannot be inferred merely from similar or parallel acts without prior meeting of minds. | Distinction between common intention and similar intention applied under Section 3(5) BNS.
Classic distinction between common intention (pre-arranged plan and meeting of minds) and similar intention; same or similar intention cannot be equated with common intention under Section 34. | Joint liability and prior concert principles applied to Section 3(5) of Bharatiya Nyaya Sanhita (corresponding to Section 34 IPC).
They also serve who only stand and wait; physical presence and participation in furtherance of pre-arranged common intention renders all co-accused equally liable under Section 34.