ManuScript Details
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Paper Id:
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IJGRD1034
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Title:
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WHEN COMMON INTENTION FRACTURES: MID-ACT WITHDRAWAL, CRIMINAL ATTRIBUTION, AND LEGISLATIVE REFORM
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| Published in: |
International Journal of Global Research and Development |
| Publisher: |
IJGRD |
| ISSN: |
3139-7093 |
| Volume / Issue: |
Volume 1 Issue 7 |
| Pages: |
1-6
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| Published On: |
10/22/2026 9:09:14 AM (MM/dd/yyyy) |
| Full Text PDF: |
https://ijgrd.com/PublishedPaper/IJGRD1034.pdf
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Main Author Details
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Name:
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Dr. Ashish Verma |
| Institute: |
Government Law College |
Co - Author Details
| Author Name |
Author Institute |
Abstract
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Research Area:
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Law and Legislature |
| KeyWord: |
Bharatiya Nyaya Sanhita, Common Intention, Criminal Liability, Individual Culpability, Withdrawal Doctrine |
| Abstract: |
The doctrine of common intention under Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), establishes the principle of collective criminal liability by attributing the criminal act of one participant to all persons sharing a common intention. However, the provision remains silent on the legal consequences of an individual’s withdrawal from a common criminal plan after its formation. This research examines the statutory lacuna concerning mid-act withdrawal and its implications for individual culpability under Indian criminal law. It analyses the judicial interpretation of common intention, particularly the requirement of prior concert and participation in furtherance of a shared criminal objective. Although the Supreme Court has acknowledged the possibility of withdrawal, the absence of a clear statutory test creates uncertainty regarding the circumstances in which an accused may be absolved of liability. The study further evaluates the limitations of the doctrine of locus poenitentiae in addressing withdrawal from joint criminal enterprises. A comparative analysis of English criminal jurisprudence and Section 2.06(6)(c) of the American Model Penal Code highlights alternative approaches to recognising effective withdrawal while preventing impunity. Adopting a doctrinal and comparative legal methodology, the research argues that the absence of an express withdrawal defence creates an imbalance between collective accountability and individual culpability. It proposes the introduction of a statutory proviso to Section 3(5) BNS requiring unequivocal communication of withdrawal, effective preventive action, or timely warning to law enforcement authorities. The study concludes that a carefully defined withdrawal provision would strengthen legal certainty, promote fairness, and align collective criminal liability with the principles of individual responsibility and constitutional protection under Article 21. |
Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
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IEEE
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Dr. Ashish Verma, "WHEN COMMON INTENTION FRACTURES: MID-ACT WITHDRAWAL, CRIMINAL ATTRIBUTION, AND LEGISLATIVE REFORM", International Journal of Global Research and Development,
vol. 1, no. 7, pp. 1-6, 2026.
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MLA
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Dr. Ashish Verma "WHEN COMMON INTENTION FRACTURES: MID-ACT WITHDRAWAL, CRIMINAL ATTRIBUTION, AND LEGISLATIVE REFORM." International Journal of Global Research and Development,
vol 1, no. 7, 2026, pp. 1-6.
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APA
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Dr. Ashish Verma (2026). WHEN COMMON INTENTION FRACTURES: MID-ACT WITHDRAWAL, CRIMINAL ATTRIBUTION, AND LEGISLATIVE REFORM. International Journal of Global Research and Development,
1(7), 1-6.
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WHEN COMMON INTENTION FRACTURES: MID-ACT WITHDRAWAL, CRIMINAL ATTRIBUTION, AND LEGISLATIVE REFORM
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