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 plan has to be established for convicting accused by invoking Section 34 of the Indian Penal Code. In the present case, the non ­examination of two crucial eye witnesses makes the prosecution case about the existence of a prior concert and pre­arranged plan extremely doubtful. Summary: Appeal against concurrent conviction of appellant by invoking Section 34 IPC - Allowed - The prosecution has failed to prove ingredients of Section 34 of IPC in this case - non­ examination of two crucial eye witnesses makes the prosecution case about the existence of a prior concert and pre­arranged plan extremely doubtful.

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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
2 months 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, 2 weeks 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] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court
9 months, 3 weeks 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 …

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.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 - 'Common Intention' Can Be Formed At The Spur Of The Moment And During The Occurrence Itself : Supreme Court
2 years, 3 months ago

Section 34 IPC - 'Common Intention' Can Be Formed At The Spur Of The Moment And During The Occurrence Itself : Supreme Court

Live Law  

The Supreme Court observed that 'common intention' for the purpose of Section 34 IPC can be formed at the spur of the moment and during the occurrence itself. For Section 34 of the IPC to apply, there should be common intention among the co-perpetrators, which means that there should be community of purpose and common design, the bench of Justices …

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court
3 years, 1 month 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 …

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
4 years, 3 months ago

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court

Live Law  

The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed …

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