Common Intention
Common intention refers to the shared mental state or pre-arranged plan among two or more persons to commit a criminal act together. Under Section 34 of the Indian Penal Code (IPC), when a criminal act is done by several persons in furtherance of a common intention, each of them is liable for the act as if it were done by him alone. This doctrine does not create a separate offence but establishes joint liability. The essence of common intention is the existence of a prior meeting of minds, which may be formed even at the spur of the moment. It ensures that individuals who collectively commit an offence cannot escape liability by claiming they played only a minor role.
Legal Requirements and Application
To apply Section 34 IPC, three essential elements must be established: (a) a criminal act done by several persons, (b) the act must be in furtherance of a common intention, and (c) participation of each accused, even if minimal. Courts have clarified that physical participation is not always necessary; what matters is whether the accused had an active presence that encouraged or facilitated the commission of the crime. Common intention can be proven through conduct, circumstances, and the nature of the act. The doctrine prevents offenders from shifting blame and ensures that shared criminal responsibility is uniformly applied.
Judicial Interpretation and Importance
The courts emphasize that common intention must be inferred from facts, as direct evidence is rare. It is often established through coordinated actions, prior planning, or the collective behaviour of the accused at the scene. Section 34 is crucial in cases involving group assaults, mob violence, and joint criminal enterprises. It upholds the principle that when individuals act together with shared intent, their liability becomes collective. The provision strengthens the criminal justice system by addressing crimes committed in collaboration, ensuring that no participant benefits from technical loopholes.
Real-Time Example
Three friends decide to assault a rival during a heated argument. One holds the victim, another hits him with a stick, and the third prevents people from intervening. Even though only one person delivered the blow, all three shared the common intention to assault the victim, making them jointly liable under Section 34 IPC. Their coordinated actions show a shared plan, even if formed moments before the incident. This demonstrates how liability extends to all participants acting in furtherance of the same intention.
Mnemonic to Remember – “A.C.T.”
Use A.C.T. to remember common intention:
- A – Act done by several persons
- C – Common intention shared among them
- T – Together liable as if each did the entire act
This mnemonic helps quickly recall the key components of Section 34 IPC.
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