Crime is not just an action; it involves the mental state behind it. Two key elements in defining crime are intention and object. A crime is incomplete without intention—meaning there must be a conscious plan or decision to commit the act. In legal frameworks like the Pakistan Penal Code (PPC) and the Indian Penal Code (IPC), these concepts are deeply rooted, particularly in Sections 34 and 149.
In this article, we will explore:
- What is criminal intention?
- What is the object of a crime?
- How these concepts are treated under legal provisions
- What to write in an exam if this question arises
Criminal Intention and Its Legal Basis
Definition of Intention
The term “intention” refers to the mental planning behind an act. When someone decides in their mind to commit a crime, it falls under criminal intention. Even in everyday life, we use the word in a casual sense—like when we say, “I didn’t intend to say that; it just slipped out.”
In criminal law, intention means deliberate planning to commit an unlawful act. When multiple people share the same intention and execute a crime together, it falls under the doctrine of common intention.
Legal Provisions: Section 34 PPC/IPC
Under Section 34 of PPC and IPC, common intention means:
- When two or more people commit a crime together
- They act with a shared plan
- Each person is held equally responsible, even if one did not physically commit the act
Example of Common Intention
Imagine four individuals plan to kill someone. They all approach the victim near a canal in Lahore. Another person, B, who also had a conflict with the victim, joins in the attack. Since both groups shared the same intention, they are all held responsible for the murder, even though they belonged to different groups initially.
Key Elements of Common Intention:
- Two or more individuals acting together
- A pre-arranged plan
- Criminal action executed under the plan
- Equal liability for all involved
What is NOT Common Intention?
If multiple people attack a victim separately, without prior planning, they are not acting under common intention. For example, if three people attack the same person randomly without coordinating, their charges will be different based on individual actions rather than common intention.
Common Object and Its Legal Basis
Definition of Object in Crime
The term “object” refers to the goal or purpose behind an act. When multiple people act with the same goal, it forms a common object. This is different from common intention, where a pre-arranged plan is necessary.
Legal Provisions: Section 149 PPC/IPC
Under Section 149, any crime committed by a member of an unlawful assembly is considered the responsibility of the entire assembly. This means:
- If one person commits a crime, the entire group is guilty
- There is no need for a pre-arranged plan
- It applies only to assemblies of five or more people
Example of Common Object
Suppose 12 people block a road in protest. During the protest, one person violently attacks a biker, causing severe injury. Even though the other 11 members did not attack, all of them are held responsible because they were part of an unlawful assembly that led to violence.
Key Elements of Common Object
- Five or more individuals involved
- The group must be an unlawful assembly
- One member commits a crime related to the common object
- All members are held accountable, even if they did not physically participate
What is NOT Common Object?
- If a group gathers for a lawful purpose (e.g., charity work) and someone commits a crime, it is not common object.
- If a crime occurs spontaneously without a shared goal, it does not fall under Section 149.
Comparison: Common Intention vs. Common Object
| Feature | Common Intention (Section 34) | Common Object (Section 149) |
|---|---|---|
| Number of People | Two or more | Five or more |
| Pre-Planned? | Yes, pre-arranged plan required | No pre-arrangement needed |
| Type of Crime | Coordinated crime | Crime committed within a group |
| Liability | Equal liability for all | Group liability even if only one person commits a crime |
| Example | A planned murder by two or more people | A protest turning violent, causing injury |
Conclusion
Understanding the difference between common intention (Section 34) and common object (Section 149) is crucial in criminal law.
- Common intention requires prior planning and mutual understanding before committing a crime.
- Common object requires a shared goal but does not require prior planning.
Both concepts ensure group accountability, but the level of involvement required differs. If this question appears in an exam, be sure to explain definitions, legal provisions, examples, and differences clearly to provide a strong answer.
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