Common Intention and Common Object

Introduction 

The principle "Who stand together must fall together" has been enshrined in section 34 and 149.Both section does not constitute any new offence but both are declaratory in nature. Both sections give principle of constructive liability, however there is a thin line difference between both section.

2-Relevant Provision

Section 34 and 149 PPC

3-Cross Reference

Section 141 of PPC

4-Section 34 of PPC

I-Principle laid Down u/s 34

Section 34 states that a criminal that when a criminal act is done by several persons in furtherance of Common Intention of all, Each of such person is liable for that act in the same manner as if it were done by him alone

II-Ingredients of Section 34

A)-Common Intention 

                i-Intention

 Intention is a state of mind which is not ordinarily be ascertained. It is to be gathered from circumstantial evidence.

               ii-Common Intention

Common Intention means meeting of more than one person in doing an act that amount to an offence.

               ii-Essential of Common Intention

a- Pre-arranged plan

b- Prior meeting

Proof of Common Intention 

By Direct evidence 

By Circumstantial evidence 

B)-Participation in Crime

Another essential to invoke provision of section 34 is that there must be actual participation of the accused in the commission of offence. However to be present at the place of occurrence is not necessary.  The main thing is consent of an accused for commission of an offence.

C)-Participation in furtherance of Common Intention. 

To invoke the provision of section 34 a furtherance of Common Intention is a condition precedent. Merely to say that the co-accused took part in the commission of offence in the absence of Common Intention is not sufficient to Convict that accused. 

D)- principle of Vicarious Liability 

Once it us proved that accused person had Common Intention to commit an offence it is immediately as to what part was played as the law as to Vicarious Liability is that those who stand together must fall together. 

5-Section 149 of PPC

I-Principle laid down

An offence is committed by any member of an unlawful assembly in prosecution of Common Object of that assembly or such as the member of that assembly knew to be likely to be committed in prosecution of that object, every person who at the time of committing of that offence is a member of same assembly is guilty of offence. 

II-Essential of Section 149

Following are the essential of section 149

A- Member of unlawful assembly 

B- commission of an offence

C-Knowledge that offence is likely to be committed. 

III-Explanation

i)-Commission of an Offence

The first essential to invoke section 149 that there must be overt act which amount to an offence under PPC.

ii)-By member of unlawful assembly 

Another pre-condition under section 149 is that the offence must be committed by a member of unlawful assembly. Where evidence was not produced to prove that offence was committed by a member of unlawful assembly it was held accused cannot be convicted under section 149.

iii)-In Pursuance of Common Object. 

The most important pre-requisit of section 149 is that an offence must be committed by a member of an unlawful assembly in pursuance 9f Common Object. 

           a-Object

Object means purpose, Intention or design

            b-Common Object 

An object known or shared by all member of an unlawful assembly. 

            c-Common Object u/s 141 of PPC

i-To overrwa the central or provincial government or legislature or any public authority in the exercise of the lawful power of such public servant 

ii-To resist the execution of any law or any legal process

iii-To commit mischief or criminal trespass or other offence

iv-To take or obtain possession of any property or to deprive any person of the enjoyment of a right of way of the use of water or enforce any right.

v-To compel any person by means of criminal force or show of force to do what he is not legally bound or omit to do what he is legally entitled to do.

iv-Knowledge that an offence is likely to be committed 

There is no need of actual participation in commission of a offence, even the knowledge of that offence is likely to be committed by a member of an unlawful assembly is sufficient to convict an accused.

6-Principle of Constructive Liability 

Section 149 deals with the Constructive Liability of the member of an unlawful assembly for the offence having been committed by one or more member of the assembly to constitute Constructive Liability. 

Following are Essential 

i-There must be an unlawful assembly 

ii-An offence has been committed 

iii-The assembly has a common Object 

iv-The offence must has been committed in prosecution of the Common Object of assembly 

v-The offence must be such as the member of that assembly knew to be likely that offence to be committed in prosecution of Common Object  

Conclusion.