Thursday, 24 April 2014

Difference Between Common Intention and Common Object

A question is always asked in the Judiciary Exams related with the difference between Common Object and Common Intention. These are two important topics of Criminal Law. The following sections clarify the concepts of common intention and common object.. For more kindly read commentaries of these sections in Pakistan Penal Code, 1860..

34.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 such person is liable for that act in the same manner as if it were done by him alone.

141.Unlawful assembly:
An assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is:-
First:To overawe by criminal force, or show of criminal force, the Federal or any Provincial Government or Legislature, or any public servant in the exercise of the lawful power of such public servant; or
Second:To resist the execution of any law, or of any legal process, or
Third:To commit any mischief or criminal trespass, or other offence; or
Fourth:By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth:By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation: An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
146.Rioting:
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

149.Every member of unlawful assembly guilty of offence committed in prosecution of common object:
If an offence is committed by any member of an unlawful assembly in 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 offence, is a member of the same assembly, is guilty of that offence.


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Salman Yousaf Khan
Internationallawyerinfo@gmail.com

1 comment:

  1. An inquiry is constantly asked in the Judiciary Exams related with the distinction between Common Object and Common Intention. These are two imperative themes of Criminal Law. The accompanying areas illuminate the ideas of Common Intention and Common Object and it's Difference. For all the more compassionate read editorials of these segments in Pakistan Penal Code, 1860. when a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable for that act in the same manner as if it were done by him alone.

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