Judicial Dictionary - I
Judicial Dictionary
Legislative Dictionary
Intention
| Category | I |
|---|---|
| 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] |
| Created On | April 23, 2011, 3:55 PM |
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