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Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.
Common Intention and Similar Intention
Common intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.
Q. After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?
  • a)
    Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offence
  • b)
    Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liable
  • c)
    In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each case
  • d)
    The boundary between Similar and Common intention is very fine and it may sometime overlap
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Common intention implies a pre-arranged plan and acting in concert pur...
Explanation:

Development of Intention:
- Similar intention is developed prior to the commission of the offence, whereas common intention can be developed at the time of the commission of the offence or even on the spot.
- Common intention implies a pre-arranged plan and acting in concert pursuant to the plan, whereas similar intention may not involve a pre-arranged plan.

Liability of Offenders:
- Under common intention, each of the offenders is equally liable for the offence committed as they act in concert pursuant to the plan.
- In the case of similar intention, each of the offenders may be differently liable based on their individual intent or actions.

Analysis of Facts and Circumstances:
- In order to determine the existence of similar or common intention, one must analyze the facts and circumstances of each case.
- The distinction between common intention and similar intention may be fine, but it is crucial to avoid a miscarriage of justice.

Boundary between Similar and Common Intention:
- The boundary between similar and common intention is very fine, and it may sometimes overlap.
- It is essential to differentiate between the two to ensure that each offender is held accountable for their individual intent and actions.
In conclusion, the key difference between common and similar intention lies in the development of intent, the liability of offenders, the analysis of facts and circumstances, and the fine boundary that separates the two concepts.
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Directions: Read the passage and answer the question that follows.Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example, A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a preconcerted action. In the case Pandurang vs. the State of Hyderabad, the Supreme court emphasised on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean a similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey vs. the State of Bihar, the Supreme Court held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of persons at the same time....the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice...." The mere presence of the accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of 'several persons" be known to each other for constituting common intention.Q. After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?

Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.A gang of six members went to a bank, armed with weapons to commit a heist. While five of the gang members went inside the bank, Mr. A (the sixth member) waited outside the bank to alert them on any threat. During the heist one of the gang members fired a gun at the branch manager, as a result he died. All five escaped but Mr. A was caught and arrested. Now, choose the most appropriate option as per the principle stated in the above passage.

Directions: Read the passage and answer the question that follows.Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example, A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a preconcerted action. In the case Pandurang vs. the State of Hyderabad, the Supreme court emphasised on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean a similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey vs. the State of Bihar, the Supreme Court held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of persons at the same time....the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice...." The mere presence of the accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of 'several persons" be known to each other for constituting common intention.Q. Which of the following statements is correct in relation to the difference between common intention and similar intention?

Directions: Read the passage and answer the question that follows.Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example, A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a preconcerted action. In the case Pandurang vs. the State of Hyderabad, the Supreme court emphasised on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean a similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey vs. the State of Bihar, the Supreme Court held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of persons at the same time....the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice...." The mere presence of the accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of 'several persons" be known to each other for constituting common intention.Q. Mr. X and Mr. Y entered a house at night to commit theft, while committing theft Mr. Y committed sexual assault on a minor girl aged 11 years. Identify for which of the following offences Mr. X is liable

Directions: Read the passage and answer the question that follows.Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example, A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a preconcerted action. In the case Pandurang vs. the State of Hyderabad, the Supreme court emphasised on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean a similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey vs. the State of Bihar, the Supreme Court held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of persons at the same time....the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice...." The mere presence of the accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of 'several persons" be known to each other for constituting common intention.Q. A gang of six members went to a bank, armed with weapons to commit a heist. While five of the gang members went inside the bank, Mr. A (the sixth member) waited outside the bank to alert them of any threat. During the heist one of the gang members fired a gun at the branch manager, as a result, he died. All five escaped but Mr. A was caught and arrested. Now, choose the most appropriate option as per the principle stated in the above passage.

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Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer?
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Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Common intention implies a pre-arranged plan and acting in concert pursuant to the plan. Common intention comes into being prior to the commission of the act, which need not be a long gap. To bring common intention into effect a pre-concert is not necessarily be proved, but it may well develop on the spot as between a number of persons and could be inferred from facts and circumstances of each case. For example A and B caught hold of C where only B stabbed C with a knife but A is also liable for murder as there was a pre concerted action. In the case Pandurang v. State of Hyderabad, Supreme court emphasized on this point that prior concert need not be something always very much prior to the incident, but could well be something that may develop on the spot, on the spur of the moment.Common Intention and Similar IntentionCommon intention does not mean similar intention of several persons. To constitute common intention it is necessary that the intention of each one of them be known to the rest of them and shared by them. In the case of Dukhmochan Pandey v. State of Bihar, the Supreme Court, held that: “Common intention which developed at the spur of the moment is different from the similar intention actuated a number of person at the same time….the distinction between a common intention and similar intention may be fine, but is nonetheless a real one and if overlooked, may lead to miscarriage of justice….” The mere presence of accused together is not sufficient to hold that they shared the common intention to commit the offence in question. It is necessary that the intention of each one of ‘several persons’ be known to each other for constituting common intention.Q.After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?a)Similar intent ion is developed prior to the commission of offence but the common intention is developed only at the time of commission of offenceb)Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liablec)In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each cased)The boundary between Similar and Common intention is very fine and it may sometime overlapCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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