Friends, in today’s article, we will discuss what is the common intention means and what the common object in the world of crime. Additionally, we will examine whether this concept is present in the Pakistan Penal Code and Indian Penal Code. Moreover, if you encounter this question in an exam, we will guide you on how to answer it correctly.
The Role of Intention and Object in Crime
One fundamental aspect to always remember is that intention and object (purpose) play a crucial role in crime. A crime’s definition is incomplete without mentioning intention.
What does crime mean? Crime involves planning and a conscious decision to commit an act. If a person has both the intention and commits a wrongful act, it falls under the category of crime.
In this context, we will first explore the relevance of object and intention in Section 34 and 149 of the Penal Code.
Intention: Meaning and Explanation
The term ‘intention’ refers to a person’s deliberate decision and planning to commit an act. It signifies the mental state where a person consciously chooses to act in a specific manner.
For example, when people argue, they sometimes say hurtful words unintentionally. They might later apologize, saying, “I had no intention of saying that.” This illustrates that intention is about conscious planning and awareness of actions.
Common Intention Under Section 34
According to Section 34 of the Pakistan Penal Code, when multiple individuals commit a crime under a shared plan, each of them is equally liable.
- Common intention means that all individuals involved had a shared mindset and planning before committing the crime.
- Each individual will receive equal punishment, just as a single offender would.
Example: If four people plan to murder someone and another person, ‘B,’ joins them during the act, B will also be held equally responsible, as his actions align with the group’s common intention.
Elements of Common Intention
For common intention to apply, the following conditions must be met:
- More than one person must be involved.
- A crime must be committed under a pre-arranged plan.
- There must be a meeting of minds between the participants.
- Each participant is equally liable, even if their roles vary.
If these conditions are not met, then the concept of common intention does not apply.
Common Object Under Section 149
Under Section 149 of the Pakistan Penal Code, if any member of an unlawful assembly commits a crime, all members of that assembly will be held equally responsible.
- An unlawful assembly consists of five or more people committing an illegal act.
- Even if only one person commits a crime, all members of the assembly are held responsible.
Example of Common Object
Imagine a group of 10 people blocks a road. One of them assaults a passerby with a stick, causing injury. Even though only one person committed the act, all 10 members will be held responsible under Section 149.
Key Differences Between Common Intention and Common Object
| Aspect | Common Intention (Sec. 34) | Common Object (Sec. 149) |
|---|---|---|
| Number of People | Two or more | Five or more |
| Pre-planning Required? | Yes, pre-arranged plan necessary | Not necessary, can develop later |
| Liability | All participants equally liable | Only those involved in the unlawful assembly |
| Example | A group planning a murder beforehand | A mob attacking a building spontaneously |
Conclusion
Understanding the distinction between common intention and common object is crucial. While common intention requires pre-planning, common object applies when multiple people act towards a shared illegal purpose. In legal cases, the court determines whether an offense falls under Section 34 or Section 149 based on evidence and intent.
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