August 19, 2023

INTENTION IN INDIAN LAW

 

 

INTRODUCTION

 

Intention means any plan or any thing that any person who is either fully aware or unaware of his actions and their consequences at the time of committing an offence.It depicts a person’s will or plan to constitute any offence whether it is civil or penal wrong. A person’s intent can be inferred from the circumstances surrounding the criminal offence, including the use of specific tools and the circumstances surrounding the act.We can say that Intention implies the desire or intent of the person taking it, rather than an accident or slip-up, where he or she completely focused on results, of the demonstration.

 

CLASSIFICATION OF INTENTION

  • Bonafide Intention means any person committed any wrongful act or omission in good faith or avail of care or caution to prevent someone from injuries of his body,property or reputation or any other things. It may be done under lawful consideration and obligation with lawful means and justification in the eyes of law.Thus, type of intention falls under the purview of general exception section 76 to 106 of Indian Penal Code, section   of Indian Contract Act,general exception of Law of Torts etc.
  • Malafide Intention means any person committed any wrongful act or omission with a bad intent or evil motive or plan with an aim to in danger others life, body,property or reputation or any other things if any. Thus, type of Intention is a Crime under eyes of law and punishable under section    Indian Penal Code, section   Indian Contract Act, etc

Malafide intention based on maxim in latin expression i.e. ‘actus non facit reum nisi mens sit rea’, translated asan act does not render a man guilty of a crime unless his mind is guilty equally that means a person is guilty of a crime only if he commits the crime with the intention of committing it.

Thus, maxim classified an intention in two parts that is intention to commit crime through guilty act (actus reus) or guilty mind (mens rea) or both.

  1. Actus reus is the Latin expression meaning guilty act is one of the physical components of a crime. In any criminal offence any act or omission must be voluntary and may be done singularly or jointly.

For example, stabbing a knife two-three times in the chest (voluntary physical act) to kill a person is murder punishable under section 302 of Indian Penal Code.Here, state of mind of a person who commits murder is immaterial because an act of a crime itself includes intention, knowledge and injury intended to be inflicted to cause death. It may be called a voluntary killing act, waging war under section 121 Indian penal code, counterfeiting coins under section 232 Indian penal code,kidnapping and abduction under section 359 and 363 of Indian penal code.

  1. Mens rea is the Latin expression meaning guilty mind is one of  the internal components which indicate culpability which is required by statutes as an element of crime.It includes four stages in commission of crime are as follows:
  1. a)  Intention to commit an offence
  2. b) Accused have knowledge about the result of an act or omission of an offence.
  3. c) Accused knew about the risk and consciously ignored it.
  4. d) Negligence common civil wrong
  5. Transferred Intention is the intention of a accused who harms or injures one individual inadvertently causing a second person to be hurt instead, the perpetrator is still responsible.   It is also known as transfer of malice or transmigration of malice which deals with culpable homicide by causing death of one person other than the person whose death was intended. The doctrine comes under section 301 of Indian penal code.
  6. Common Intention contemplated under section 34 of Indian penal code which constitutes joint liability.According to the principle of common intention and provision of section 34 of Indian penal code establish shared accountability in criminal conduct.It require meeting of minds and presupposes prearranged plan before a person can be vicariously convicted for the criminal act of another. The criminal act must have been  done in furtherance of the common intention of all accused.

 

  1. INTENTION IN LAW OF TORTS

Intention in law of tort classified in two categories are:

  1. Intentional Torts are the torts that are described as the wrongful civil acts resulting from an intentional act on the part of the tortfeasor. It includes battery, assault, false imprisonment, fraud, intentional infliction of emotional distress, defamation, invasion of privacy, trespass, and conversion. 
  2. Unintentional Torts are the torts that occur accidentally without any intention causing injury,damage or financial loss.Injuries under this torts are caused by the omission of the “duty of care” that a reasonable and prudent man should have considered. It includes motorcycle accidents, dogs bites, medical malpractices etc.

 

 

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