common intention’ and ‘common object’ PPC LLB Notes

common intention’  and  ‘common object’ PPC LLB Notes

What is common intention?

Common Intention means a group’s willingness to do some thing. Its important feature is intention to do common action against someone.

Definition of Common Intention under section 34 of the Pakistan Penal Code, 1860 :

‘When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone’.

Main point of the definition;-

Criminal act = a wrong against a society

Several = some

Furtherance = implementing

Common intention  = common willingness

Liable = responsible

Manner = way

Thus it means when a wrong against a society is done by some persons in implementing the common willingness of all, it is considered that every member of the group is responsible for that act in the same manner as if it were done by him alone.

Relevant case Law:-

A person can begin to share the intention of the first attacker if he joins him after the attack is opened.
(PLD 1960)

Essentials of section 34:-

Following are the essentials:

(i)  Criminal wrong:-

To implement section 34 requires that there must be criminal wrong done by an accused. Criminal wrong is the act prohibited by criminal law of Pakistan. It is also important that the act must be physical in nature.

(ii) Joint action by several persons:-

Section 34 of PPC requires that physical action against a person must be done by some persons jointly. The section does not apply on one person.

(iii) Action for the implementation of common intention:-

Section 34 requires that the physical action must be done by some persons jointly in implementing the common intention. The fundamental condition of this section is that the accused must have common intention and have participated in crime in furtherance of their common intention.

(iv)Common action must follow the common intention:-

The section requires that the action must be done in following the common intention of the accused. For example presence of an accomplice encourages the person who is actually committing a crime. This section does not at all apply on an individual. It applies  on persons who have common intention to do some crime.

Definition of Accomplice;-

A person involved with another in committing the crime is called accomplice.

Scope of Section 34 of PPC:-

The scope of this section makes existence of a common intention one test for joint responsibility. In Mehboob shah’s case it was held by the Privy Council that common intention within this section
implied a prearranged plan and that before a person can be convicted of an offence with the aid of section 34, it must be shown that the criminal act was done jointly.

Evidence for the existence of common intention:-

In order to prove the existence of common intention it is necessary that the accused must be physically present at the place of crime and participated in its happening.Where a person stands on guard outside the room in which the offence is committed he will be considered present in the eye of law.

What is common object?

Section 149 of PPC states that 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 a member of the same assembly, is guilty of that offence.

Main point of the definition;-

Committed = done

Unlawful assembly = gathering without the permission of law Prosecution

Guilty = the fact that someone has committed a crime

Essentials of common object:-

(i) Offence must be committed to achieve common object:-

This section requires that the offence must be committed to achieve the common object of the unlawful assembly. This section does not apply to offences under a special Acts e.g., an offence under the Railways Act.

(ii) Unlawful assembly:-

The term‘unlawful assembly has been defined in section 141 of the PPC in the
following words:
“An assembly of five or more persons is called ‘unlawful assembly’ when common object of the persons of that assembly is unlawful.

(iii) Member of unlawful assembly:-

This section applies when it is proved that the accused is the member of theunlawful assembly.

(iv) In prosecution of the common object:-

To hold every member of an unlawful assembly responsible for an offence committed by another member, it must be shown that the offence was committed in prosecution of the common object.

(v) Members of the unlawful assembly knew that the offence would be committed:-

This section requires that there must have been an expectation on the part of allthe members that an offence of a particular kind would happen.

Scope of the common object:-

This provision of common object in substance declares that every member of an unlawful assembly is responsible for an offence. It is an enabling provision not a substantive law.

Evidence of common object:-

The common object of unlawful assembly has to be inferred from the membership, the weapons used and the nature of the inquiries as well as their surrounding circumstances.

Difference between ‘common intention’ & ‘common object;-

Number of persons:-

Sec 34 may apply to a case where the culprits are more than one.

Sec 149 can apply only to cases in which culprits are five or more.

Meeting of mind:-

Sec 34 requires a pre-concert or meeting of mind.

Sec 149 will apply even if there was no prior meeting of mind.

Participation:-

Element of participation in action is necessary to constitute common intention. In sec 149 only membership of unlawful assembly at the time of occurrence of offence is sufficient.

As to offence:-

Sec 34 explains a doctrine of criminal liability and every criminal act in furtherance of common intention is made liable.

Sec 149 applies to an offence committed by any member of an unlawful assembly whose common object is one mentioned in sec 141 ppc.

Presence of accused:-

In sec 34 , all the accused must be present on the spot

In sec 149 , it is not necessary.

As to act done:-

Sec 34 will apply where the common intention is to do an act which was done.

Sec 149 will apply even if there was no common intention to do the act.

CONCLUSION:-

To conclude, i can say that both sec 34 and sec149 making a person vicariously liable for the acts of his companions. both sec cannot always be provided by direct evidence and it should be inferred from the surrounding facts and circumstances of the case