CLAT Legal Reasoning
As the name indicates, CLAT Legal Reasoning section has a distinct element of law. To crack these questions, ideally, a candidate has to keep reading any news and opinion articles from at least one newspaper. A basic idea regarding the Current Affairs of legal issues will drastically improve the reading speed and comprehension. Though deeper understanding of law is not mandatory, keeping oneself abreast of the current happenings will prove to a competitive edge. The passages have been selected carefully to encompass a legal context in them.
As with the CLAT Logical Reasoning section and the CLAT English Language section, adequate attention has been given to ensure the passages are from a range of topics. Needless to say, the questions are pegged exactly at the level of difficulty of CLAT, with an eye on the samples published by the Consortium of NLUs.
Enough said. In for some serious Legal Reasoning? Let’s get cracking!
CLAT 2020 Legal Reasoning: 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 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.
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.
- Mr. A is not liable for murder as he was outside the bank and there was no common intention.
- Mr. A along with all other members of the gang are liable for murder as there was common intention
- Only that person is liable for murder who actually fired the gun.
- Mr. A is liable only for the heist and no other offence.
Explanatory Answer
The gang collectively decided to rob the bank, and a common intention existed to do the act, which involved murder as a part of the process. Hence, Mr A facilitated the murder by being on guard, and is therefore liable for murder.
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