Shyamal Ghosh Vs. State of West Bengal
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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.