“common intention” and “same intention”

 Section 34 of IPC lays down the rule of joint liability for the acts committed by several persons in the furtherance of common intention. If a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable in the same manner as if that act were done by him alone.

Common intention is basically a general intention shared by all the persons concerned and furtherance of the common design is the condition precedent for convicting each person who is participant in a crime.

The issue of common intention and its distinction with same or similar intention generally arises in a circumstances where the formation of common intention is alleged to occur at the spur of the moment. Common intention requires that the intention of each one of the several persons be known to each other i.e. sharing of intention, whereas the same or similar intention of the several persons does not constitute common intention unless it is shared by them with each other. Therefore in cases where there is no sharing of intention between the several persons, even where intention is same, joint liability cannot be fastened upon them under section 34 of IPC.