INTRODUCTION
Common intention and common object are legal terms used to determine the liability of individuals involved in a criminal act. Common intention refers to a mutual understanding between two or more individuals to commit a crime together. Common object refers to the shared objective or purpose behind the criminal act.
RELEVANT PROVISIONS
Sections 34, 141, 149, 120A, 120B, 107 and 108 of P.P.C. 1860.
COMMON INTENTION U/s 34 of P.P.C
Common intention is the basis of the principle of constructive liability.
MEANING OF COMMON INTENTION:
Common intention denotes action in a group and constitutes a pre-arranged plan. It includes a prior meeting of minds and elements of participation in action.
DEFINITION OF COMMON INTENTION:
Under Section 34 of P.P.C 1860, the common intention is defined as follows;
“When a criminal act is done by several persons, in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone”.
SECTION 34 LAYS THE PRINCIPLE:
Section 34 lays down the principle of constructive liability in the Pakistan Penal Code. This section is not a penal provision ie. it does not define an offence. It is applied or becomes effective in reference to other substantive offences
Example: ‘A’, ‘B’, ‘C’ & ‘D’ kick & hit ‘Z’ together and finally ‘A’ shoots ‘Z. All four are defined in the Code. Section 34 P.P.C, 1860 embodies the principle that if two or more persons intentionally do a thing jointly, it is just the same as if each of them had done it individually.
INGREDIENTS OF SECTION 34 OF P.P.C 1860:
1. Criminal Act:
The action must be criminal in nature to constitute it an act. Criminal Act is an act forbidden by law or considered illegal.
2. Several Persons:
Common intention can only exist when there are two or more than two persons. So, the act has to be committed by two or more two persons. There cannot be a joint liability in the case of a single accused.
3. Pre-Arranged Plan:
Persons can be held liable under this section only if the act is done in pursuance of the pre-arranged plan. Joint liability cannot be determined where no mutual pre-arrangement was present.
4. In Furtherance of Common Intention:
Necessary conditions for the applications of Section 34 of the Code are common intention to commit an offence and participation by all the accused in doing the act or acts in furtherance of that common intention.
5. May develop in the Course of Events:
The common intention of the accused can undergo a change in the course of the commission of an offence. They may go to commit a minor offence but subsequently, in the course of the commission of the offence, they may change their mind and form an intention to commit a major offence.
6. To Constitute Common Intention:
To constitute common intention, it is necessary that the intention of each one of them be known to the rest of them and shared by them with each other.
7. Section 34 P.P.C. 1860:
In order to attract Section 34 PPC 1860 it is not sufficient to prove that an offence is a likely consequence of common intention, the pro-section must show that the offence committed was covered by the common intention.
8. Intended to Meet Cases:
Section 34 of P.P.C 1860 is intended to meet cases in which it may be difficult to distinguish between the acts of individual members of a party or to prove exactly what part was taken by each of them in furtherance of the common intention of all.
9. Why All are guilty in Such a Case:
The reason why all are guilty in such cases is that the presence of accomplish gives encouragement, support and protection to the person actually committing an act. All are guilty of the principal offence and not of the abutment.
COMMON OBJECT U/s 149 of P.P.C
MEANING OF COMMON OBJECT:
A common object means a mutual goal or purpose which brings two or more persons together.
DEFINITION OF COMMON OBJECT:
Section 149 of P.P.C. defines the common object as follows:
If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is member of the same assembly, is guilty of that offence.
SCOPE AND APPLICABILITY:
Section 149 does not create a new offence. This section does not apply where the accused does not form an unlawful assembly.
INGREDIENTS OF SECTION 149 P.P.C 1860:
Following are the ingredients of Section 149 which must be present in order to bring the case within the limits of this section.
1۔ Unlawful Assembly:
According to this section, an unlawful assembly means the gathering of 5 or more persons for a common object especially to resist the execution of law to commit mischief or criminal trespass to obtain possession of property or to deprive someone of his night۔
2۔ Membership:
Membership of the unlawful assembly is mandatory, Common objects cannot be proved until and unless the person (accused) was a member of an unlawful assembly. Membership is also essential for constructing liability.
3۔ Commission of Offence:
An offence should be committed by one or more members of the unlawful assembly Here offence means any act forbidden or punishable under Pakistan Penal Code.
4. In Prosecution of Common Object:
In prosecution means in fulfilment of. The offence committed by unlawful assembly should be in furtherance of the common object.
5. Knowledge of the Likelihood:
This section also covers those cases which are likely to occur as a result of the common objects.
COMMON INTENTION vs. COMMON OBJECT:
(Section 34) and Common Object (Section 149): Following is the difference between common intention and common object;
1. NATURE OF THE OFFENCE:
- Section 34 will apply where the common intention is to do an act which was done.
- Section 149 will apply even if there was no common intention to do the act but it was done in furtherance of the common object of the unlawful assembly.
2. NUMBER OF PERSONS INVOLVED:
- Section 34 applies in cases where a criminal act is done by two or more persons in furtherance of the common intention of all.
- Section 149 applies in the case of members of an unlawful assembly when a criminal act is committed by any member of the unlawful assembly in the prosecution of the common object of that unlawful assembly. The unlawful assembly will comprise 5 or more persons.
3. SCOPE:
- Section 34 is narrower in its scope than Section 149.
- In contrast, Section 149 is wider in its scope than Section 34.
4. PRESENCE AND CONTRIBUTION:
- Under Section 34, presence and contribution are mandatory in common intention.
- Under Section 149, only presence is mandatory in common objects.
5. INTENTION TO DO THE CRIMINAL ACT:
- Section 34 applies to cases in which more than one persons intend to do the criminal act and that act is done.
- Section 149 applies to cases where five or more persons intend to achieve an object but may not have the intention of doing the particular criminal act which was done by one or more of them for the purpose of achieving the common object.
CONCLUSION
Constructive liability means that a person is liable in law for the consequences of an act of another person even though he has not done it himself. The principle is that, under certain circumstances, though a person did not directly contribute anything towards the commission of a certain offence, he shall be equated with the actual and principal offender so far as the legal liability is concerned.
FAQs
Critically analyze various aspects of the principle of constructive liability under the Pakistan Penal Code.
(2019-A, 2019 5 years)
Define and differentiate between the offences of Abetment and Criminal Conspiracy.
(2018-A)
Discuss the difference between common intention and common object.
(2018-A )
Explain the concepts of the common object and intention with special reference to the rule of constructive liability.
(2017-S)
Explain the concepts of common intention and common object. Differentiate between them.
(2016-S, 2012-A)
Differentiate in detail between common intention and common object provided under sections 34 and 141 of the Pakistan Penal Code.
(2015-S)
Discuss common intention which creates equal criminal liability under the PPC.
(2014-S)
Discuss in detail the principle of vicarious liability as has been laid down under Section 34 of the P.P.C.
REFERENCES
