In this article you will learn about the Difference Between Common Intention and Common Object in IPC.
Common Intention
Section 34 of the Indian Penal Code(IPC) defines the ‘Common Intention’. According to this provision, when a criminal act is done by several persons in furtherance of a common intention, each person is liable for that act as if he or she had done it individually. In other words, if two or more individuals have a common intention to commit a crime and they actively participate in the act, all of them can be held liable for the full extent of the crime, even if their individual actions may have been different. For example, two or three people plan to rob together in a house. All of them will be held responsible for the robbery.
Illustration
A, B and C plans and executes a robbery together. Their common intention is to rob a jewel shop together. So here all of them will be held liable for the offence of robbery even if their action may vary, because their collective intention was to rob together.
Landmark Case
Emperor vs Barendra Kumar Ghosh (1925) Bombay High Court
Common Object
Section 149 of the Indian Penal Code(IPC) defines the ‘Common Object’. This provision deals specifically with offences committed by an unlawful assembly. An unlawful assembly is a group of five or more persons who come together with a common object, which is to commit a crime. Under Section 149, if an offence is committed by any member of an unlawful assembly in prosecution of the common object, every member of the assembly can be held liable for that offence. In this case, the liability extends to all members of the assembly, even if they did not actively participate in the actual commission of the offence. For example, an unlawful committee gathers together with a common object to cause damage to an area and one of them sets fire to a building. So here all the members can be held liable for this act or certain members can be held liable.
Landmark Case
State of Maharashtra vs Kashirao 2003 SC
Points of Differences
| DIFFERENCE | COMMON INTENTION | COMMON OBJECT |
|---|---|---|
| Section | Section 34 | Section 149 |
| Meaning | A pre-existing agreement between two or more individuals to commit a crime. | The goal or objective of the crime that the individuals have agreed to commit. |
| No. of participants | Two or more persons | Must be five or more persons |
| Liability | All members of the group are held liable. | Only certain members may be held liable if a common object is proved. |
| Nature of liability | Joint liability | Constructive liability |
| Prior agreement | Required | Not required |
Conclusion
The key distinction between common intention and common object lies in their applicability. Common intention applies to cases where a crime is committed by individuals with a shared intent, holding each of them responsible for the entire criminal act. Common object, on the other hand, applies to offences committed by members of an unlawful assembly, where liability extends to all members due to the collective nature of the assembly and their shared common object.
This article on Difference Between Common Intention and Common Object in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.