[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court
9 months, 1 week ago

[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court

Live Law  

The Kerala High Court has held that mere participation in an offence would not be sufficient to attribute common intention unless it was proved that they shared a premeditated plan. The Counsel for the second and third accused submitted that even if they accompanied the first accused, they shared no common intention to cause death. It stated that mere participation was not sufficient to state that they have common intention and but the prosecution must prove from conduct, circumstances and other evidence that all the accused shared a common intention. Considering the facts of the case, the Court expressed doubt whether the second and third accused shared a common intention to cause death.

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History of this topic

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court
1 month, 2 weeks ago

S.34 IPC | Prior Meetings Of Minds Must Be Established To Convict With Aid Of 'Common Intention' : Supreme Court

Live Law  

The Supreme Court, while allowing constables' appeal against their conviction for murder, reiterated that in order to charge accused persons under Section 34 of the IPC, it must be established that the accused had preplanned the act and shared a common intention. “It could thus be seen that it is a settled legal position that the interference with the finding …

[S.34 IPC] Common Intention And Pre-Meeting Of Minds Can Take Place At The Spur Of Moment: Supreme Court
2 months ago

[S.34 IPC] Common Intention And Pre-Meeting Of Minds Can Take Place At The Spur Of Moment: Supreme Court

Live Law  

The Supreme Court observed that common intention and pre-meeting of minds can occur at the spur of the moment during an incident, thus attracting Section 34 of the Indian Penal Code. The Trial Court convicted the accused persons, inter-alia, for causing grievous hurt with dangerous weapons. Merely for the reason that the injuries inflicted by Accused no.2 were less than …

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court
1 year, 3 months ago

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court

Live Law  

The Supreme Court recently clarified that for Section 34 of the Indian Penal Code to be applicable, there must be a common intention among all co-accused individuals, indicating a shared purpose and design. The Court observed “For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design. …

[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court
1 year, 4 months ago

[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court

Live Law  

The Kerala High Court has made it clear that to establish an offence of criminal trespass under IPC, the prosecution must prove beyond doubt that the accused persons entered into the property to commit criminal trespass with an intention to commit any offence or to cause intimidation, insult or annoyance. The Trial Court found them not guilty of the offences …

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
1 year, 5 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law  

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to …

Section 34 IPC : Prior Concert & Pre­arranged Plan Has To Be Established For Conviction Invoking 'Common Intention' : Supreme Court
3 years ago

Section 34 IPC : Prior Concert & Pre­arranged Plan Has To Be Established For Conviction Invoking 'Common Intention' : Supreme Court

Live Law  

The Supreme Court observed that existence of a prior concert and pre­arranged plan has to be established for convicting accused by invoking Section 34 of the Indian Penal Code.In this case, the appellant was concurrently convicted under Section 302 read with Section 34 of the Indian Penal Code. The Supreme Court observed that existence of a prior concert and pre­arranged …

Section 34 IPC: Immaterial Whether Accused Used Weapon Or Caused Injury If 'Common Intention' To Kill Deceased Is Established: Supreme Court
3 years ago

Section 34 IPC: Immaterial Whether Accused Used Weapon Or Caused Injury If 'Common Intention' To Kill Deceased Is Established: Supreme Court

Live Law  

The Supreme Court observed that once it is established that all the accused came at the place of incident with a common intention to kill the deceased, it is immaterial whether any of the accused who shared the common intention had used any weapon or not and/or any of them caused any injury on the deceased.In this case, the Trial …

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court
3 years ago

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court

Live Law  

The Supreme Court observed that Section 34 of the Indian Penal Code does not attract when the final outcome or offence committed is distinctly remote and unconnected with the common intention.A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final …

Mere Common Intention Per Se May Not Attract Section 34 IPC Without An Action In Furtherance: Supreme Court
3 years, 2 months ago

Mere Common Intention Per Se May Not Attract Section 34 IPC Without An Action In Furtherance: Supreme Court

Live Law  

A mere common intention per se may not attract Section 34 IPC, sans an action in furtherance, the Supreme Court observed in a judgment delivered in a criminal appeal on Friday.In this case, the appellants were convicted under Section 304 Part I of the Indian Penal Code with life sentence. A mere common intention per se may not attract Section …

Not Necessary That Accused Must Be Actively Involved In Physical Activity Of Assault To Convict Him On The Ground Of Common Intention: SC [Read Judgment]
4 years, 5 months ago

Not Necessary That Accused Must Be Actively Involved In Physical Activity Of Assault To Convict Him On The Ground Of Common Intention: SC [Read Judgment]

Live Law  

The Supreme Court has observed that it is not necessary that an accused must be actively involved in the physical activity of assault to convict him on the ground of common intention.A common intention to bring about a particular result may also develop on the spot as between a number of persons deducible from the facts and circumstances of a …

Merely Inciting Feelings Of One Community Without Any Reference To Any Other Community Cannot Attract Section 153A IPC: Kerala HC [Read Order]
4 years, 7 months ago

Merely Inciting Feelings Of One Community Without Any Reference To Any Other Community Cannot Attract Section 153A IPC: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that merely inciting the feelings of one community or group without any reference to any other community or group cannot attract the provisions of section 153A of Indian Penal Code. Justice Ashok Menon observed thus while granting anticipatory bail to some of the accused allegedly involved in conspiracy which resulted in demolishing a film. …

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