[Also See Common Intention And Motive]
Intention means the expectation of the consequences in question. "It was a universal principle, that when a man is charged with doing of an act, of which the probable consequence may be highly injurious, the intention is an inference of law resulting from the doing of the act." (1824.) 3 M and S. 11, 15.
Mere presence. There must be community of design or intention to make the person present liable. AIR 1934 Lah. 813. Basharat 36 Cr.LJ 308. The mere circumstance of a person being present on lawful occasion does not raise a presumption of that person's complicity in an offence then committed. (1889) 14 Bom. 115 Magan Lal. 24 Cr.LJ 531 Ganga Patti. Although a person is present when a crime is committed and does not act in concert with those who commit it he will not be a principle merely because he did not endeavour to prevent it or to apprehend the accused. (1866) 5 WR (Cr.) 45 Gora Chand Gopee.
Direct motive not material, where there is direct evidence of the acts of the accused and the acts themselves are sufficient to disclose the intention of the actor. 18 Pat. 101 Murgi Munda.
Forced to act without intention. Whenever necessity forces a man to do an illegal act, it justifies him, because no man can be guilty of a crime without the will and intention of his mind. A man who is absolutely by natural necessity forced, his will does not go along with the act. (1779) 21 St. Tr. 1046. 1223. Lord Mansfield in George Stratton.
Criminal intention meaning. Criminal intention simply means the purpose or design of doing an act forbidden by the Criminal Law without just cause or excuse. An act is intentional if it exists in idea before it exists in fact, the idea realising itself in the fact because of the desire by which it is accompanied. The word "intent: does not mean the ultimate aim and object. Nor is it used as a synonym for motive. 34 Cr.LJ 1055 Ram Sukh.
Motive not to be confused with intention. If a man knows that certain consequence will follow from his act it must be presumed in law that he intended that consequence, to take place, although he may have had some quite different ulterior motive for doing the act. 38 Cr.LJ 302 = AIR 1937 All. 13 Mir Chhittan.
Intention of murder can always be gathered from the strength of the blow and injury caused to the victim. (DB) PLD 1976 Lah. 677. State v. Nur Elahi etc.
Absence of motive is a factor which may be considered in determining the guilt of the accused. 30 Cr.LJ 478 = 30 PLR 424 Hans Raj.
Delusion or misconception. Under the Penal Code no man can be tried for any delusion or misconception of mind, however, culpable and criminal such delusion or misconception may appear to be. (FB) (1880) 3 All. 279. Abdul Kari.
Actus non facit reum, nisi mens sit rea. "The intent and act must both concur to constitute the crime." A bona fide belief in the death of the husband (although within 7 years) at the time of the second marriage was considered a good defence for the offence of bigamy (1889) 23 QBD 168 Tolson.
Mens rea. If in any case the legislature has omitted to prescribe a particular mental condition, the presumption is that the omission is intentional. In such a case the doctrine of mens rea is not applicable. (1946) 2 Cal. 127 Legal Remembrancer, Bengal v. Ambika Charan Dalal.
Inference from acts of accused. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention the existing intention of the moment, and is proved by, or inferred from the act of the accused and the circumstances of the case. 1887 PR No. 62. Ghafar.
Intention to be inferred. Intention is rarely the subject of direct evidence. It has to be inferred from surrounding circumstances. (PC) AIR 1918 P.C. 354 Consul Confitzon v. H.M. Prosecutor General. PLD 1959 Lah. 495. PLD 1958 Lah. 395 = PLD 1963 Kar. 118 Taj Muhammad.
Death caused without intention or knowledge is not culpable homicide. (FB) 42 Mad. 547 Palani Goundan.
No intention to kill but a violent blow on head could cause death was in the knowledge of the accused. Conviction u/S. 302 PPC altered to u/S. 304 (II) PPC and sentence reduced to 10 years' R.I. 1993 SCMR 1934, Piran Ditta.
Intention to kill. Where the intention to kill is present, act amounts to murder. Where such an intention is absent the act amounts to culpable homicide not amounting to murder. 34 Cr.LJ 1071 = AIR 1933 Pat. 147 Rajendra Parsad Singh. (1876) Bomb. 42. Reg v. Govinda. ILR 10. Lah. 477 Inder Singh.
Intention to kill. Person causing knife injury on left side of victim's heart can reasonably be presumed to know that injury was likely to result in death. 1980 SCMR 885 Ghulam Abbas.
Mere intention to commit an offence not followed by any act, cannot constitute an offence. Law does not take notice of an intent without an act. 24 Bom. 287 = 1 Bom. LR-678 Baku v. Emp. (1823) IE and B 435 Dugdale.
Thought of a man is not triable. Intention is to be inferred from external acts of the accused. Accused is to be punished for what he has done and not for what he might have done. PLD 1977 Kar. 726 Muhib.
Intention or knowledge not necessary. Quintessence of offence under Section 304-A is "Rash or negligent act" which causes death. (FC) PLD 1955 FC 63 Rab Nawaz v. Crown.
Knowledge is not the same thing as intention. (DB) PLD 1961 Lah. 221 Rahmat Ullah. "Intent" cannot have direct proof but can be inferred from circumstances. "A person intends natural and inevitable consequences of his acts." (SC) PLD 1965 SC 640 Jane Alam.
Intention is immaterial if Court is satisfied that criticism amounts to contempt. (FB) PLD 1964 Lah. 661 State v. Mir Abdul Qyum Advocate.
Pistol fired. Mere fact that pistol was fired by the accused is not sufficient to infer that intention in the circumstances was to kill. PLD 1964 Kar. 264 Dhani Bux.
Nature of injuries on the person of the victim is not enough to conclude that the intention of the accused was to kill. PLD 1964 Kar. 264 Kar. 264 Dhani Bux.
Question of fact. Intention is a question of fact depending on the circumstances of each case. PLD 1962 Kar. 330. Taj Muhammad.
The natural or probable cause. A man intends the natural and inevitable consequences of his own acts. It is, therefore, necessary to take into consideration the accused's state of mind at the time he committed the act, to know whether he intended to cause death or not. (1882) 1 Weir 300 Muvvala Kondaiya.
Actual intention. Not constructive but actual intention to cause death is required. (1866) 5 WR (Cr.) 42 Gureeboollah. 1894 PR No. 33 Jawahar Singh.
Mere intention to commit an offence is not an offence. Mere presence of accused in graveyard did not amount to an attempt to commit dacoity. Accused appeared to be already in police custody when the case was registered. No chance of accused being convicted. Case registered against them quashed u/S. 561-A Cr.P.C. PLD 1994 Lah. 383, Muhammad Sohail.