S 34 IPC Common Intention Doesn’t Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court

Case: Ram Naresh v. State of UP

Coram: Justices Abhay S. Oka and Justice Pankaj Mithal

Case No.: CRIMINAL APPEAL NO. 3577 OF 2023

Court Observation: For applying Section 34 IPC there should be a common intention of all the co-accused persons which means community of purpose and common design. Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence. Common intention is a psychological fact and it can be formed a minute before the actual happening of the incidence or as stated earlier even during the occurrence of the incidence.

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Keywords

S 34 IPC Common Intention Doesn’t Mean Prior Agreement