Common Intention And Common Object Under Bns
1. Common Intention (Section 34 IPC)
Definition:
Common intention refers to a shared plan or purpose between two or more persons to commit a crime together. The act done in furtherance of that common intention is attributed to each person involved.
The essence is that all participants have the same mens rea (criminal intent).
Key Points:
There must be a prior meeting of minds or a pre-arranged plan.
All persons act in concert with a common design.
Every participant is liable for the act done in furtherance of that intention.
Important Case Laws on Common Intention:
1. Queen-Empress v. Jogendra Chunder Bose, (1891) 18 IA 476 (PC)
The Privy Council held that common intention means a pre-arranged plan or a prior meeting of minds.
It is not necessary that the accused must be present at the scene, but the act must be done in furtherance of the common intention.
2. R. v. Jogee (2016) UKSC 8 (Supreme Court of the UK)
Though a foreign jurisdiction, this case influenced Indian law. It emphasized that mere presence is not enough; active participation or encouragement is necessary.
The court clarified the limits of "joint liability" in common intention cases.
3. K. M. Nanavati v. State of Maharashtra (1962) AIR 605
This case, famous for the ‘honour killing’ defense, discussed the concept of common intention.
It was observed that common intention can be inferred from the conduct and circumstances.
4. Mukesh & Ors. v. State for NCT of Delhi (2017) SC
The Delhi gang-rape case emphasized that the accused shared common intention to commit the crime.
The court held all conspirators equally responsible under Section 34 IPC for the crime committed in furtherance of the common intention.
5. State of Maharashtra v. Damu Gopinath Shinde (1994) AIR 250
The Supreme Court held that Section 34 IPC is a rule of evidence.
The act done by one person can be attributed to others if they share common intention.
2. Common Object (Section 149 IPC)
Definition:
Common object applies to unlawful assembly.
When an unlawful assembly has a common object to commit an offence, every member of the assembly is liable for the offence committed in pursuance of that common object, even if he/she did not directly participate.
Key Points:
The assembly must be unlawful (5 or more persons).
There must be a common object shared among the members.
Every member is liable for the act done in pursuance of the common object.
Important Case Laws on Common Object:
1. Muthuswami v. State of Tamil Nadu, AIR 1970 SC 632
The court held that all members of an unlawful assembly are liable for acts committed in furtherance of the common object.
Mere presence is not enough; the accused must share the common object.
2. Dandamudi Rajagopal Rao v. State of A.P., AIR 1958 SC 338
This case clarified that the common object of an unlawful assembly can be proved by inference.
The court noted that the acts done by some members can be attributed to all members if done in furtherance of the common object.
3. State of Maharashtra v. M.H. George (1965) AIR 722
The Supreme Court explained the difference between common intention and common object.
Common intention is specific and requires prior meeting of minds; common object is the shared purpose of an unlawful assembly.
4. Ram Singh v. State of Punjab, AIR 1959 SC 432
The court held that a member of an unlawful assembly is liable for any offence committed in furtherance of the common object.
Even if the member did not personally commit the offence, he is liable under Section 149 IPC.
5. Jamuna v. State of Punjab, AIR 1969 SC 1226
The court observed that the presence of a member at the scene is necessary to attribute liability.
The member must share the common object and be present when the offence is committed.
Summary Table
| Aspect | Common Intention (Section 34) | Common Object (Section 149) |
|---|---|---|
| Applies to | Crime done by two or more persons in furtherance of common intention | Acts committed by members of an unlawful assembly |
| Number of persons | Two or more | Five or more (Unlawful Assembly) |
| Requirement | Prior meeting of minds or pre-arranged plan | Shared common object of unlawful assembly |
| Liability | Every participant liable for acts done in furtherance | Every member liable for offence committed in furtherance |
| Mens rea | Common intention (specific intent) | Common object (shared purpose of unlawful assembly) |
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