Judicial Dictionary



Title Intention
Details

Intention is the state of one's mind at the time one carries out an action. It is the planning and desire to perform an act, to fail to act or to achieve a state of affairs. So intention refers only to the state of mind with which the act is done or omitted.
‘Intention’ has been defined as the fixed direction of the mind to a particular object, or a determination to act in a particular manner, and is distinguishable from ‘motive’, that which incites or stimulates action. A man’s intention ought to be judged by his acts and not from hat may be in his mind. It should be ascertained by taking into consideration the entire transaction. [Raghbir Singh vs. CIT AIR 1958 Punj. 260]
Intention is a state of mind. Therefore, it can only be inferred from (1) the set of accused (2) The surrounding circumstances when the act was committed and (3) other facts and circumstances. Though facts and circumstances subsequent to the entry are relevant, yet they are so, only in aid to ascertain the state of mind at the time of entry. ….. [Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD) = 28 DLR (AD) 162]


Intention–
The word ‘intention’ implies that the act intended is in the future, and the action makes the relevant statements made up by a conspirator with reference to the future. Anything said, done or written’ by any of the conspirators is admissible under this section, if it is in reference of their common intention, even though it is not in furtherance of their common design. Accordingly anything said, done or written by a conspirator after the conspiracy was formed will be evidence against other conspirators whether it was said, done, or written before, during or after the other conspirators participated in the conspiracy. When specific acts done by each of the accused have been established showing their conviction with their common intention, they are also admissible against other accused. (Per S. K. Sinha, J) ...Major Md. Bazlul Huda(Artillery)=VS=The State(Banga Bandhu Murder Case), (Criminal), 2020 [9 LM (AD) 386] ....View Full Judgment