Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CRL-Jul-6

Shyamal Ghosh Vs. State of West Bengal

Head Note

Indian Penal Code,1860  - Section 34

Common intention and participation of the accused in the crime - If the intention is proved but no overt act was committed, the Section can still be invoked - This provision carves out an exception from general law that a person is responsible for his own act, as it provides that a person can also be held vicariously responsible for the act of others, if he had the common intention to commit the act - 'Common intention' means a pre-oriented plan - The common intention to give effect to a particular act may even develop at the spur of moment between a number of persons with reference to the facts of a given case.

Topic(s)-Common Intention

Important Decision(s)- 

  • If the intention is proved but no overt act was committed, the Section can still be invoked.
  • 'Common intention' means a pre-oriented plan.







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