Connivance – Different from Consent

‘Connivance’ is different from consent. According to Concise Oxford English Dictionary, “connive” means to secretly allow a wrongdoing whereas “consent” is permission. The proof required is of consent for the publication and not connivance on publication. In Charan Lal Sahu v. Giani Zail Singh, (1984) 1 SCC 390, it was held as under:
“Connivance may in certain situations amount to consent, which explains why the dictionaries give ‘consent’ as one of the meanings of the word ‘connivance’. But it is not true to say that ‘connivance’ invariably and necessarily means or amounts to consent, that is to say, irrespective of the context of the given situation. The two cannot, therefore, be equated. Consent implies that parties are ad idem. Connivance does not necessarily imply that parties are of one mind. They may or may not be, depending upon the facts of the situation.” Anvar P.V. v. P. K. Basheer, (2014) 10 SCC 473.

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Filed under Connivance, Criminal Law

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