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Difference Between Common Intention and Common Object
It is a reality that crimes are usually committed by a group of people instead of a single individual, therefore, the Indian Penal Code, 1860 provides for the concept of joint liability. It implies that when more than one person is involved either in the preparation or commission of an offence, then they both would be liable for the same.
Although, there exists an exception to the fact that joint liability of all the people involved in crime would be determined on the basis of their intention, object, and participation. Hence, the liability can either be imposed uniformly or individually, nevertheless, the punishment is always rigorous whenever a crime is committed in a group.
What is the meaning of Common Intention?
Section 34 of the IPC provides that 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. It means that whenever an unlawful act is committed by more than one person for achieving an intention which is common to all of them, they all would be liable equally, irrespective of the fact that what kind of role is played by them individually, though physical participation is required.
It is a general provision which is applicable to all the offences and a person can easily be made liable for the acts of another if he or she had participated in making the intention. Intention herein means the planning to commit an offence and it must exist before commission and all of them must have acted in its pursuance.
What is the meaning of Common Object?
Chapter VIII of IPC provides provisions related to common object of an unlawful assembly for instance Section 141 specifies that an assembly of five or more persons would be an unlawful assembly if its common object is to disrupt public tranquility. Section 142 provides that being a member of an unlawful assembly is an offence punishable under Section 143.
Thus, it basically implies that if a person joins or continues to be a member an unlawful assembly while being aware of its common object then he or she is liable for the acts of other members which are done in pursuance of the common object irrespective of the fact whether that person participated or not in the commission or preparation of the offence.
Hence, having knowledge of the common object attracts criminal liability. Also, the common object must be one of those listed in Section 141 and nothing else. Additionally, an act done in pursuance of the common object must be immediate and not remote.
Difference Between Common Intention and Common Object
The tabular form contrast between Common Intention and Common Object remarks the critical difference between the two which is as follows −
Basis |
Common Intention |
Common Object |
|---|---|---|
Offence |
Common Intention is not an offence itself, instead it needs to be applied with other offences, thus it establishes constructive liability. |
Being a member of an unlawful assembly and having knowledge of its common object is a substantial offence in itself. |
Definition |
Common Intention implies that two or more persons have a similar mindset. |
Common Object is the aim of an unlawful assembly which is shared by its members. |
Persons |
Two or more persons can form a common intention. |
Five or more persons are necessary to have a common object. |
Liability |
All the persons are equally and vicariously liable for the offence. |
The liability differs individually based on knowledge of each member. |
Preparation |
All the persons involved need to have formed the common intention and agreed to before committing the offence. |
It is only the knowledge on the part of all the persons is necessary about the common object and not about the commission of the offence. |
Participation |
To make persons liable, there needs to be participation in the commission of the offence. |
Participation in the commission or preparation of the offence is not necessary, instead active participation in the assembly is essential. |
Proof |
The existence of mens rea of prior agreement can be proved by facts and circumstances of the case. |
Proof of mens rea is not necessary thus the object can be established by evidencing any prior stage of acknowledgment. |
Common |
The intention to do an act differs from offence to offence. |
The object needs to be one of those mentioned in Section 141. |
Conclusion
The principle of joint liability is categorically established by the provisions of the code which are essential to determine the liabilities which should be equally imposed upon them as generally there are chances of escaping the accountability by burdening others. Thus, the rule has been devised to maintain the equilibrium and to prevent the offenders from taking advantage of their own wrong.
Frequently Asked Questions
What is a common object?
A common object is a purpose shared by all members of an unlawful gathering. Prior agreement and consensus are required. Required prior to the commission of the crime.
What is a common intention?
A predefined plan operating in concert in line with the plan is defined as a common goal. It must be demonstrated that the unlawful act was carried out in conjunction with a pre-planned strategy. It exists in time previous to the commission of the act, although it does not have to be a significant gap.
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