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Which of the following is not the meaning of the expression 'common intention' under Section 34 of the Indian Penal Code?
Question

Which of the following is not the meaning of the expression 'common intention' under Section 34 of the Indian Penal Code?

A.

A prearranged plan, prior meeting of minds, and prior consultation between all the persons constituting the group.

B.

A desire to commit a criminal act without any contemplation of the consequence.

C.

The mens rea necessary to constitute the offence that has been committed.

D.

Evil intent to necessarily commit the same offence which is committed.

Correct option is B


The concept of "common intention" under Section 34 of the Indian Penal Code (IPC) refers to a shared intent between two or more individuals to commit a criminal act. This shared intent often arises from a prearranged plan, where all participants have a clear understanding of their roles and the outcome of their actions. Common intention involves a prior meeting of minds, meaning that the participants have deliberately come together to pursue a criminal objective.
The option (b) - "A desire to commit a criminal act without any contemplation of the consequence" - is incorrect as it does not align with the legal understanding of common intention. Common intention requires a deliberate and calculated agreement to commit a crime, not just a vague or impulsive desire to act without regard for the consequences. Therefore, (b) does not represent the true legal meaning of common intention under Section 34 IPC.
Information Booster: Common intention under Section 34 IPC is a doctrine that enables the law to hold each member of a group responsible for criminal acts done in furtherance of the common intention. This provision is designed to ensure that all participants in a planned criminal act are held accountable, even if they did not directly commit the crime themselves. The key components of common intention are a prearranged plan, a prior meeting of minds, and the necessary mens rea, or guilty mind, to commit the offence.
Additional Knowledge:
· Prearranged Plan (a): This is a core element of common intention, where all members have agreed in advance to commit a specific crime.
· Mens Rea (c): The mental state necessary to commit the crime is crucial for establishing liability under common intention.
· Evil Intent (d): The intent to commit the same crime that is ultimately committed is integral to common intention, ensuring that all participants share responsibility.

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