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Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences
Difference Between Common Intention and
Common Object
In criminal aw, ‘intention’ absorbs a significant place. With regard to the
supreme form of the mental element, itis applicable to heinous crimes. The
Indian Penal Code does not define the word ‘Intention’, however, section 34
is concerned with ‘common intention’
In common intention, there must be a prior meeting of mind and unity, as
well 2s there is an obvious act must be performed in the progression of the
common intention of all
On the other hand, the common object may be developed without 2
pretiminary meeting of mind. It is possible that the common object of the
unlawful assembly is one however, the intention is different.
Here we are going to discuss the differences between common intention and.
commen object.
Content: Common Intention Vs Common Object
1. Comparison Chart
2. Definition
3. Key Differences,
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4, Conclusion
Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences
Comparison Chart
BASIS FOR
COMPARISON
Meaning
Prior agreement
and consensus
Pre-arranged
plan
Number of
persons
Substantive
offence
Liability
COMMON INTENTION
Common Intention implies a
meeting of mind of the
persons charged of the
crime, requiring a
preliminary ut
Required before the crime
takes place.
The criminal acts the result
of a pre-arranged plan
‘Two or more
It sets out the principles of
constructive liability without
the creation of any
substantive offence.
All the persons involved in
committing the crime are
equally iable
Met
dis
do
treat
the
Definition of Common Intention
COMMON OBJECT
Common Object refers to
2 purpose which is shared
by all the members of an
Unlawful assembly.
Not required before the
crime takes place.
The criminal act is not the
result of a pre-arranged
plan.
Five or more
It creates a specific
substantive offence,
All the persons involved
in committing the crime
may or may not be
equally liable.
Common intention refers to the predetermined plan and taking action in
unison to proceed with the plan. Common Intention springs before the crime
is committed, but the time gap between the two should not be long. It could
take place suddenly.
‘When two or more than two persons give thelr consent to perform an act,
under common intention, the co-accuseds are entitled to equal criminal
Liability, as mentioned in Section 34 of the Indian Penal Code. In such a case
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2163119924, 722 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences
each and every member is liable for that act, in a way that they had done the
act solely.
Section 34 of the IPC incorporates the principle of joint Liability when a
criminal act is performed, and the crux of that liability is the presence of
‘common intention. ts applicability is due to the involvement in the offence. It
is among the provisions of the Indian Penal Code, which is exercised to
extend the lability of other people.
The essence of this section is that the accused must be physically present at
the actual commission of the erime,
Definition of Common Object
The term object refers to the purpose and to make it common, it has to be
mutual,
When five or more than five persons in continuation of a common object,
conduct an illegal act, then each and every person is equally iable, no
‘matter if there is a prior meeting of minds among the co-accuseds or not.
However, the consent of all is important as every member of the unlawful
assembly has given their consent to achieve the common object
Ndi
dise
dot
treat
thes
Further, when any one of the members of the unlawful assembly has
committed an offence to proceed with the common object of that assembly
then every member of that assembly is guilty of that offence.
As per Section 149 of IPC, the liability of other members for the crime
committed during the prosecution lies on the fact thatif the other members
knew in advance that the offence actually committed was expected to be
committed in the continuance of the common object.
his can be identified by the nature of the assembly, arms of behaviour, at or
before the scene of action, Further, if itis found out that the other members.
are not known about this fact, then their liability for the offence does not
‘Simply put, the object has to be common to the members, who constitute the
assembly, ie, they are not just aware of the purpose, but they also have
concurrence in that regard.
ntps:keyaiferences,comiaference-between-common-ntention-and.common-object himangieg, 7:22 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences
According to section 141 of the Indian Penal Code, an assembly of five or
‘more than five persons is regarded as an unlawful assembly, ifit is formed
with an unlawful object.
Key Differences Between Common Intention
and Common Object
The difference between common intention and common object can be
drawn clearly on the following grounds:
1. Common intention is when two ar more than two persons
intentionally commit an offence jointy, it's same as if each of them
had done it solely. On the contrary, each and every member of the
unlawful assembly is guilty of the crime taken place in the
continuance of the common object, ie. an object which is shared by
all,
2. For common intention, itis very important that there isa prior
concert between the members. On the other hand, for the common
objectit is not essential that there isa preliminary concert
between the members, ie. on the meeting of the members of the
unlawful assembly the common object may develop at the spot,
and itis sufficient that itis adopted and shared by atl
3. The common intention must have a pre-arranged plan and
premediated concert, no matter if the plan is hastily made and
‘comes up with cruelty. Conversely, for a common object pre~
arranged plan is not required before the commission of the crime.
4, Two or more persons have te be involved in invoking common
intention. As against, there have to be five or more persons for
imposing common intention.
5. Common intention sets out the principles of constructive liability
without the creation of any substantive offence.
On the contrary, the common object creates a specific substantive
offence.
6. If there is a common intention, al the persons accused of the
‘commission of the crime are equally liable. In contrast, i there is
‘common object, all the persons accused of the commission of the
offence may of may not be equally liable,
——————
Conclusion
Common object differs from a common intention in the sense that it doesn't
need a preliminary concert and consensus before the offence takes place.
Further, in the cases of joint lability, the co-accuseds who were involved in a
crime, under common intention and common object is entitled to equal
criminal Uabilty subject to certain exceptions.
ntps:keyaiferences,comiaference-between-common-ntention-and.common-object him3119924, 722 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences
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