Difference between Common intention and common object
Section 34 IPC: Acts done by several persons in furtherance of common intention
“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.”
Section 149 IPC: Every member of unlawful assembly guilty of an offense committed in prosecution of common object
“If an offense is committed by any member of an unlawful assembly in the 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 offense, is a member of the same assembly, is guilty of that offense.”
In summary, common intention under Section 34 requires a prior agreement to act together, while common object under Section 149 pertains to the shared purpose of an unlawful assembly without the need for prior agreement.
Bhartiya Nayaya Sanhita 2024 explains the common intention Section 3 (5 &6) explains and Section 190 explains the Common object
In legal terms, “common intention” and “common object” are concepts often used to attribute liability to multiple parties involved in a crime. Here’s a brief conclusion regarding both:
Common Intention
Common intention refers to a situation where two or more individuals collaborate to commit a criminal act, sharing the same purpose and intent. To establish common intention, the prosecution must prove:
- Presence of a shared plan: All parties had a pre-arranged plan to commit the crime.
- Participation in the act: Each individual actively participated in the criminal act.
- Knowledge of the act: All parties were aware of the nature of the act and its potential consequences.
Common Object
Common object, on the other hand, is a concept used primarily in the context of unlawful assemblies. It is used to hold members of a group responsible for actions committed by any member if they share a common purpose. Key aspects include:
- Membership in an unlawful assembly: The group must be defined as an unlawful assembly under the law.
- Shared purpose: The members share a common object, such as committing a crime or achieving an unlawful goal.
- Commission of an offense: Any offense committed in pursuance of the common object makes all members liable.
The difference between common intention and common object, particularly in the context of criminal law. These terms are often used in the Indian Penal Code (IPC). Here is the explanation in table format, including the relevant sections:
| Aspect | Common Intention | Common Object |
|---|---|---|
| Definition | Common intention refers to a pre-arranged plan and acting in concert pursuant to it. It implies a meeting of minds and a plan to commit a criminal act. | common object refers to a shared goal among a group of people to commit a criminal act. It does not require a pre-arranged plan or prior meetings of minds. |
| Section of IPC | Section 34 | Section 149 |
| Requirement of Prior Meeting of Minds | Yes, there must be a pre-arranged plan. | No, prior meeting of minds is not necessary. |
| Number of Persons | Requires two or more persons. | Requires five or more persons. |
| Liability | Each person is liable for the act done by the others if it is in furtherance of the common intention. | Each person is liable for the offense committed by any member of the group in furtherance of the common object. |
| Proof | More stringent as it requires proof of the pre-arranged plan. | Less stringent as it does not require proof of prior planning. |
Conclusion
Both common intention and common object are legal doctrines used to address collective criminal behavior. While common intention requires a premeditated plan and active participation, common object focuses on the shared unlawful purpose of a group. These principles ensure that all individuals involved in a criminal enterprise can be held accountable, promoting justice and deterring collaborative criminal activities.
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