IPC Abetment and Common Intention Conundrum
criminal clat_pg intermediate mcq_debateI'm taking a course with my friend Anuj and we're stuck on IPC 34(2). The question is: Is common intention a pre-requisite for abetment under this section? One of us is wrong, we need your brains to settle this.
Anuj says that yes, you need to establish a common intention between A and B for A to be guilty of abetment under IPC 34(2). According to him, the mere proximity of A and B to the crime doesn't suffice. They need to share a common goal, a unified intention.
On the other hand, I'm saying that common intention is not a must, but rather a circumstantial aspect. The key here is the degree of encouragement and support given by A to B, which may lead to B's committing the crime or its continuation.
2 Comments
Bhai, it's a complex one indeed, but trust me, once you grasp the concept of abetment and common intention, it becomes crystal clear! Remember, IPC 34 states that if two or more persons have a common intention to cause an offence, they can all be held liable, even if not all of them actually commit the offence. So, think of it like a puzzle - each piece is crucial. Practice, practice, and practice, you'll get there!
Abetment aur Common Intention ka Case Law: Ye do baatein hain ek doosre se judi hui. Inmein se ek abetment hai, jab do log milke ek crime karte hain. Jab do log ek saath ek crime karte hain, toh common intention aata hai. Is case mein, abetment wala bhi guilty ho sakta hai, agar woh jaantekar crime karta ho. Lekin, Court ki decision depend karegi case ke facts par.