S. 34 Rest on common intention along with actual participation. Thus act in furtherance of common intention is prerequisite and is all the more necessary for imposing vicarious liability. As we know common intention may arise in spurt of moment .but that intention should exist before the commission of crime. This common intention should be anterior in point of time to the commission of crime. Crime should have taken place on sound floor of prior concert/pre arranged plan/The leading case on absence of common intention is of Mahbub Shah vs. Emperor (1945)47Com L.R. better known as Indus river case.
Which section of Indian Penal Code deals with common intention?
- Jayaprakash Kakada