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.
After reading the passage which of the following is not correct in relation to the difference between Common and Similar intention?
- Similar intention is developed prior to the commission of offence but the common intention is developed only at the time of commission of offence.
- Under Common intention each of the offender is equally liable for the offence but under similar intention each of the offender is differently liable.
- In order to determine the existence of Similar or Common intention, one must analyse the fact and circumstances of each case.
- The boundary between Similar and Common intention is very fine and it may sometime overlap.
Explanatory Answer
It is clearly stated that common intention comes up prior to the commission of the offence, even if its not a long time period before the offence. Hence, statement in option (a) is clearly wrong.
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