Common intention means common sense 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 . If two or more persons combine in injuring another in such a manner that each person engaged in causing must know that the result of one of them . Everyone must be taken to have intended the probable and natural results of the combination of acts in which he joined . All become guilty of the principal offence . The leading feature of common intention is participation in action. Common intention implies acting in concert and existence of a prearranged plan . It is enough to have the same intention independently of each other for fastening constructive liability for the act of another. The doctrine of constructive liability lays down the principle of joint liability in the doing of a criminal act . The essence of that liability can be found in the existence of common intention animating the offender leading to the doing of a criminal act in furtherance of common intention. This Constructive Liability or joint liability is embodied in section 34 of the Indian Penal Code as common intention. Essential ingredients of common intention are as follows:
Indian Evidence Act (/index.php/indianevidenceact) Transfer of Property Act (/index.php/transferofpropertyact) Law of Torts (/index.php/lawoftorts) Law of Contracts (/index.php/lawof contracts) Hindu Law (/index.php/hindulaw) Muhammadan Law (/index.php/muhammadanlaw)
To fall within the purview of common intention the two ingredients must remain present : i) common intention to commit an offence ; ii) participation in commission of the offence .
The Indian Constitution and Constitutional Law (/index.php/the indianconstitutionandconstitutional law)
Definition of Common object : Common object means combination of several persons , united for the purpose of committing a criminal offence , and that consensus of purpose is itself an offence distinct from the criminal offence which these persons agree and intend to commit . Whether the object is in their minds when they come together , or whether it occurs to them afterwards is not material . But it is necessary that the object should be common to the persons who compose the assembly , that is , that they should all be aware of it . It seems also that there must be some present and immediate purpose of carrying into effect the common object . It is also an example of constructive liability . In order to prove common object , it is necessary to establish connection between those who take an active part in the crime . Common object is incorporated in section 141 or unlawful assembly .
Form Used In District Court (/index.php/formusedindistrict court)
Essential ingredients of common object are as follows: The following three are essential ingredients to attract the mischief of common object: i) commission of an offence by any member of an unlawful assembly ; ii) such offence must have been committed in prosecution of the common object of that assembly ; or iii) must be such as the members of that assembly knew that likely to be committed .
Difference between Common intention and Common object : The points of differences in between Common intention and Common object can be better explained
in the following tabular form : Common intention ( Sec. 34 )
Common object ( Sec. 149 )
i) Common intention requires prior concert and common meeting of minds before the commission of crime as well as an element of participation in action .
i) Common object may develope at the spot after the assembly gathers and does not require prior concert and common meeting of minds before the commission of crime.
ii) In common intention , the act must be the result of a prearranged plan . iii) In common intention , the number of persons is immaterial. iv) Common intention enumerates the principles of constructive liability , without creating any substantive offence . v) The common intention need not be one of specified type only.
iii) In common object , five or more persons are required to form the unlawful assembly. iv) common object creates a specific substantive offence .
v) Common object must be one of the seven types mentioned in section 141. vi) But in a charge of common object the liability arises by reason of the membership of the unlawful assembly and there may be no active participation at all in the commission of the offence.
ii) In common object , no such pre arranged plan is required . If the offence is committed in prosecution of the common object , every member of such assembly is liable for the offence though the offender did not intend to commit it or did not participate in it’s commission .
vi) In a charge U/S 34 of IPC active participation of the offender is required .
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