The question (15 marks)
Explain the doctrine of common intention under s. 3(5) of the Bharatiya Nyaya Sanhita, 2023. How does it differ from common object? (15 marks)
Standing MU question on common intention; built on the Unit 2 chapter.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Definitions and General Explanations of Law of Crimes (Bharatiya Nyaya Sanhita, 2023).
Authorities you will need
- Barendra Kumar Ghosh v Emperor (1925) - presence and readiness is participation: 'they also serve who only stand and wait'
- Mahboob Shah v Emperor (1945) - similar intentions formed independently are not a common intention; prior concert is required
- Pandurang v State of Hyderabad (1955) - absent proof of common intention, each accused answers only for his own act
- Maina Singh v State of Rajasthan (1976) - the constructive-liability route fails where all co-accused are acquitted and no unnamed participant is found
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.