When a criminal act is done by several persons in furtherance of a common intention of all, each such person is liable for that act in the same manner as if it were done by them alone; common intention must precede the act.
Explanation
Application examples
Scenario
Four friends, A, B, C, and D, plan to rob a jewellery shop. They discuss the plan over three days, assign roles, and agree to use weapons if necessary to ensure compliance. On the day of the robbery, B is arrested before arriving at the shop and does not participate. A, C, and D proceed, and during the robbery, C kills the shop owner in a panic. B is arrested at home; A, C, and D are arrested at the scene.
Analysis
A, C, and D clearly share a common intention formed before the act (evidenced by three days of planning and role assignment). The robbery was committed in furtherance of this intention. A and D did not personally kill the owner, yet they can still be held liable for murder if it is shown that the death occurred in the course of committing the robbery they jointly intended. B, who was arrested before participation, may escape liability for the robbery itself because he never performed an act in furtherance; however, whether he is liable depends on whether his arrest was voluntary withdrawal or merely circumstantial prevention. If he had attempted to withdraw or inform authorities, his liability may be extinguished.
Outcome
A, C, and D can all be convicted of robbery and potentially murder (if death during a jointly-intended felony is within the contemplation of joint liability framework). B is likely not liable for the robbery or murder if his non-participation was not a voluntary withdrawal, because he committed no act in furtherance. The critical distinction is whether the death was a natural consequence of the robbery or an act that deviated from the common intention.
Scenario
E and F are neighbours with a personal dispute. E mentions to F that he is angry and will 'teach a lesson' to G, their common adversary. F says nothing in response and walks away. Hours later, E encounters G and beats him severely. G files a complaint naming both E and F as joint accused.
Analysis
The facts present weak evidence of a common intention between E and F. E's statement to F is vague ('teach a lesson') and does not constitute a clear agreement. F's silence and absence from the scene are not affirmative acts showing adoption of E's intention. F was not present during the beating, and there is no evidence that F facilitated, encouraged, or materially aided E. The burden of proving common intention lies on the prosecution, and mere knowledge of E's anger, without more, is insufficient. F's silence cannot be construed as assent because silence, standing alone, does not constitute an agreement.
Outcome
E can be held liable for the assault. F cannot be convicted under joint liability principles because there is insufficient evidence of a pre-formed common intention. If G were to prove that F had verbally agreed beforehand, encouraged E to act, or supplied a weapon, liability would attach to F as well. As the facts stand, F may only be liable if he aided or abetted E, which requires a different legal analysis and lower threshold of proof.
Scenario
H, I, and J plan to steal mobile phones from a store. They agree to enter together, create a distraction, and one of them will pick locks on the display cases. On execution day, the shopkeeper confronts I and strikes him. In self-defence, I picks up a heavy object and strikes the shopkeeper on the head, causing fatal injuries. H and J, who were executing the planned theft in another section of the store, had no warning and did not anticipate this confrontation.
Analysis
H, I, and J share a common intention to commit theft, formed and agreed beforehand. However, the death caused by I is a consequence of a separate act (self-defence during an unexpected confrontation) that H and J did not contemplate or intend as part of the theft plan. The question is whether the death falls within the natural and probable consequences of the jointly-intended theft or whether it is an independent, unanticipated act by I. Courts distinguish between acts that naturally flow from the common intention (such as using reasonable force to escape apprehension during a robbery) and acts that are independent responses to unforeseen circumstances. Here, I's act was triggered by the shopkeeper's aggression, not by the plan itself.
Outcome
H, I, and J are all liable for theft. For the death, courts would likely hold that I is liable for culpable homicide or murder (depending on the intention or recklessness of his act in striking the shopkeeper). H and J's liability for the death depends on whether the death is held to be a natural consequence of the jointly-intended theft. If the court views I's act as an independent, unanticipated response to a confrontation, H and J may not be liable for the death, though they would remain liable for the theft. The critical factor is whether H and J could have reasonably foreseen such a violent confrontation as a probable consequence of the planned theft.
How CLAT tests this
- Examiners present a fact pattern where Persons X and Y are seen together at the crime scene and share similar interests, then assert joint liability based on association alone, ignoring the requirement of proof of pre-formed common intention. CLAT candidates often fail because they assume presence + association = common intention.
- A scenario where the common intention is expressed verbally only at the exact moment of committing the act (e.g., 'Let's rush in now'), and candidates must recognize that this simultaneous formation does not satisfy the temporal requirement that intention must precede the act—or in very narrow cases, exist at the moment of commencement.
- Confusion with abetment doctrine: examiners describe a situation where one person instigates another after the principal has already begun committing the crime, and ask whether the instigator is liable under common intention; the trap is that abetment can apply to post-commencement instigation, but common intention cannot.
- A trap where one element of the agreed act is successfully completed, but a second element is abandoned midway, and examiners test whether candidates understand that abandonment after commencement breaks the common intention, potentially exempting the abandoning person from liability for subsequent acts.
- Cross-branch contamination: examiners introduce contract law language ('modification of terms,' 'variation of agreement') and test whether candidates wrongly apply contract law principles to determine whether a change in plan releases participants, rather than treating common intention as a factual/mental question independent of contractual formalities.