===== COMMON INTENTION AND COMMON OBJECT =====
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COMMON INTENTION
======================
Section 34 of the pakistan penal code deals with
constructive criminality i.e., liability of all for acts done by
one or
more. This section was introduced in order to meet the
cases in which it may be difficult to apportion the liability of
each
member according to his participation in the commission of
the crime . Since it is difficult to distinguish precisely the
part taken by each member of a group, it was thought
necessary to declare all the persons equally liable for the
acts
done. SEction 34 does not create a distinct offence, it only
lays down the principle of joint criminal liability. So it is a
rule
of evidence only and does not create a substantive offence.
The words " furtherance of common intention " have been
the subject of much discussion amongst the lawyers and
conflicting interpretations have been put forth.
One common agreed point has, however, been that
furtherance of commonly design is the condition precedent
for joint
liability under section 34. The words common intention
means unity of purpose or a pre-arranged plan.
INGREDIENTS OF SECTION 34 PPC==
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1. Two or more persons.
2. They must have a common intention to commit an
offence.
3. Participation by all the accused in doing act or acts in
furtherance of that common intention.
COMMON OBJECT:
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Section 149, like section 34, is the other instance of
constructive joint liability. Section 149 creates a specific
offence. It
runs as under:
" 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".
The essence of offence under section 149 of pakistan penal
code is assembly of several persons ( not less than five in
any case ) having one or more of the common objects
mentioned in section 141. Section 149 creates joint liability
of all
members of an unlawful assembly for criminal for criminal
act done by any member in prosecution of the common
object
of the said assembly.
So the essential ingredints of sectin 149, P.P.C are:
1. There must be an unlawful assembly as defined in
section 141 of ppc.
2. Criminal act must be done by member of such assembly.
3. Act done is for prosecution of the common object of the
assembly, or such which was likely to be committed in
prosecution of the common object
4. Members have voluntarily joined the unlawful assembly
and know the common object of the assembly.
DIFFERENCE BETWEEN SECTIONS 34 AND 149 PPC:
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To a certain extent both sections are overlapping and both
can be invoked against the accused when there is no
difference between the object or intention with which the
offence is committed. But it was pointed out in a case by
privy
council that there is uch difference in the scope and
applicability of section 34 and 149 inspite of their
similarity. Section
149 is wider in its sweep and longer in its reach than
section 34. The actual participation in action is the
essential
element of section 34 but membership of the unlawful
assembly is the leading feature of section 149 PPC. Section
34
merely declares a rule of criminal liability but section 149
creates a specific offence. Common object is different than
common intention as it does not require prior concert and a
common meeting of minds but an unlawful object is
developed when people assembled together. At least two
persons are required to share the common intention under
section 34 but for applicability of section 149 unlawful
assembly must consist of atleast 5 persons.