Difference between Common Intention and Common Object

Home Forums Common Intention v/s Common Object – IPC Difference between Common Intention and Common Object

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      Shubhangi Gehlot

      The term ‘intention’ is not defined in Indian Penal Code but section 34 of IPC deals with common intention. By the words like “Acts done by several persons” the section refers to “Joint Liability” of individuals. Such acts done with a criminal intention or knowledge despite its commission of several people, will be regarded as if the complete act is done individually. Common intention implies a pre planned and joint ‘acting in concert’(identical actions to accomplish the same goal) to pursue their plan. Though the act was jointly committed but each person would be individually liable for the injury he caused but none would be vicariously liable for the acts of other liable individuals present.
      This section does not talk about “Similar intention” as it is different from Common intention. The prior is about absence of pre-planning whereas the Common intention is vis-a-versa. Section 34 can be invoked only when the accused shares common intention and not one the similar intention.
      Common object is addressed in Section 149 of IPC creating specific offence of unlawful assembly which is itself a crime under Section 143 comprising five or more members. On the other hand Section 34 does not create any specific offence but lays down the principle of joint criminal liability with minimum two individuals. Similarly, S. 34 is participation and prior meeting of mind is required whereas there is no need of prior consensus ad idem and active participation in S.149 of IPC.

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