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Q. Define and explain common intention and common object. Is there any difference between the two. If so, explain. (1999) (2000) (2001) (2003) (2004/A) (2005/A) (2006/A) 1. Introduction: Section 34 and section 149 0f P.P.C embodies the rule of constructive liability which means that a person is liable for the consequences of an act of another person. But sec. 34 and sec. 149 should not be mixed up together. The rule of common intention in sec. 34 and common object in sec. 149 are not synonymous in any way and they have got their distinguishable features. 2. Relevant Provisions: Following are the relevant provisions of P.P.C regarding the concerned topic. Section 34 for common intention Section 149 for common object. 3. Common Intention: (i) Meaning: “ common intention within the meaning of section 34 implies a pre-arranged plan. (NLR 1980 criminal 517)” (ii) Common Intention U/ SEC 34: 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. Ingredients Of SEC. 34: Following are the ingredients of sec. 34. (i) Criminal Act: There must be some criminal act to invoke sec. 34 criminal act is one which is prohibited by law and is carried out in violation of the limits prescribed by law. The act contemplated by sec. 34 is some physical act and merely a mental act. (ii) By Several Persons: The criminal act must be done by several persons. It means that sec. 34 will apply only is cases where the accused is more than one. (iii) In Furtherance Of Common Intention:
It is necessary that the act done by several persons should be in furtherance of common intention of all the persons involved. It may be develop even at the spur of the moment or during the commission of an offence. If it is prove that what the several accused did are clearly individual acts done of their own accord rather than acts done in furtherance of a prearranged plan or arrangement, the liability of each and not under section 34 P.P.C. (IV) Scope Of Sec.34: Section 34 of the P.P.C is intended to meet a case in which it may be difficult to distinguish between the acts of individual of a party who act in furtherance of the common intention of all. It dose not create a distinct offence but merely enunciates a principal of t liability for act dene in furtherance of common intention of the offenders.(PLD 1983S. C35) (V) Proof Of Common Intention: Strict proof of common intention of concerned persons is normally not possible but the same can be conveniently gathered from set of circumstances brought forth in every case(1998SCMR2146) 4. Common Object U/Sec 149: 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 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. Ingredients Of Sec149: (i) Offence is committed: “The word offence is defined in sect 40 of P.P.C as a thing made punishable by P.P.C.” To invoke Sec 149, an offence has to be committed. (ii) Unlawful Assembly: According to section 141 P.P.C an assembly of five or more persons is designated an unlawful assembly, if the common object of the persons composing that assembly is unlawful. (iii) hip of Unlawful Assembly: To invoke the provision of sec. 149 hip of unlawful assembly is necessary. Proof of specifics overt act on the part of every member is not necessary. It is sufficient to prove that the accused persons shared the common object of the unlawful assembly.
(iv) In Prosecution Of Common Object: Some offence must be Committed by any member of unlawful assembly in prosecution of common object of that assembly. The common objects of the unlawful assembly has to be inferred from the hip, the weapons used and the nature of injuries as well as other surrounding circumstances. (v) Knowledge of likelihood of offence being committed: The member of unlawful assembly are also liable where the offence was such as the of the assembly knew to be likely to be committed in prosecution of that object. (II) Scope Of Section 149: Section 149 P.P.C deals with the constructive liability of of an unlawful assembly for the offence have been committed by one of the of the assembly. Sec. 149 is merely an enabling provision and not provide a substantive offence. (III) Proof of Section 149: Prosecution must prove presence and participation of each of the accused in unlawful assembly for conviction u/sec 149 P.P.C (1994 SCMR 588) 5. Distinction Between Common Intention And Common Object: Following are the differences between section 34 and sec. 149. (I) Number Of Persons: Sec.34 may apply to a case where the culprits are more than one. Sec.149 can apply only to cases in which culprits are five or more. (II) Meeting Of Mind: Sec. 34 requires a pre-concert or meeting of mind. Sec.149 will apply even if there was no prior meeting of mind. (III) Participation: Element of participation in action in necessary to constitute common intention. In Sec. 149 only hip of unlawful assembly at the time of occurrence of offence is sufficient. (Iv) As To Offence:
Section 34 expounds a doctrine of criminal liability and every criminal act in furtherance of common intention is made liable. Section 149 applies to an offence committed by any member of an unlawful assembly whose common object is one mentioned in Sec 141, P.P.C.
(vi) Presence Of Accused: In Sec 34, all the accused must be present on the spot. In sec 149, it is not necessary that all the accused must be present at the time of the commission of the offence. (VI) Development: Common intention can be developed even at the spur of the moment. common object cannot develop at the spur of the moment. (VII) As To Act Done: Sec. 34 will apply where the common intention is to do an act which was done. Sec. 149 will apply even if there was no common intention to do the act but it was done in furtherance of the common object of the unlawful assembly. 6. Conclusion: To conclude, I can say that both section 34 and 149 P.P.C . making a person vicariously liable for the acts of his companions. Both section 34 and 149 cannot always be proved by direct evidence facts and circumstances of the case.
Criminal Conspiracy Q. Define criminal conspiracy discuss its kinds and distinguish it from abetment. (2003)(2002)(2002/Annual)(2001)(199) Q. Define criminal conspiracy what are its different kinds discuss fully. (2004/S)(2005/A)(2005/S) 1. Introduction: Conspiracy is one of the forms of abetment and it differs from other offences in this respect that unlike other offences, the intention to do a criminal act is itself sufficient no matter whether it is done or not section 120-A and 120-B of P.P.C have brought the law of conspiracy in the country in line with the English law by making the overt act unessential when the conspiracy is to commit any offence. 2. Relevant Provisions: Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 120-A, 120-B, P.P.C Section 121-A P.P.C (I) Definition U/Sec 120-A: “When two or more, persons agree to do or cause to be done: (i)an illegal act. Or (ii) an act which is not illegal by illegal means Such an agreement is designated a criminal conspiracy.” (II)Ingredients: Following are the essential ingredients of offence of criminal conspiracy. (i) Two or More Persons: According to sec.120-A, at least two persons are required to constitute the conspiracy. One person cannot be held guilty of conspiracy as he cannot conspire with himself. Criminal conspiracy as envisaged in section 120-A, P.P.C. must be product of two consenting minds uninfluenced by any consideration of threat, intimidation, coercion or undue influence. (PLD 1979S.C53) (ii) Agreement Between Such Persons: Agreement is not mere intention, but announcement and acceptance of intentions. To constitute a criminal conspiracy, there must be an agreement of two or more persons to do an act which is illegal or which is to be done by illegal means. Case Law 1998 PSC 533 It was held that the most important ingredient of the offence is the agreement between two or more persons to do an illegal act (a) Mode Of Agreement: Agreement may be express or implied or parity expressed and partly implied. (iii)To do Illegal Act: The word illegal is defined u/sec 43 P.P.C as “everything which is an offence or which is prohibited by law or which furnishes ground for a civil action.” Offence of conspiracy completed as soon as agreement to do an illegal act is the ultimate object of such agreement or is merely incidental to the object. Illustration: ‘A’ and ‘B’ agrees to murder ‘C. This is an offence and they are guilty u/sec 120-A. (iv)Legal Act by Illegal Means: When two or more persons agree to do an act, which is not illegal itself, may be guilty of criminal conspiracy u/sec 120-A when they agree to do or cause to be done that act by illegal means. Illustration: ‘A’, ‘B’ and ‘C’ agree to sell clothes without paying custom duty on it. They are guilty u/sec 120-A. Agreement To Commit An Offence And Agreement Which Is Illegal But Not
Constitute An Offence: The proviso to section 120-A draws a distinction between an agreement to commit an offence and an agreement of which either the object or the methods employed are illegal but do not constitute an offence. In the case of former, the criminal conspiracy is completed by the act of agreement; in the case of the latter, there must be some act done by one or more of the parties to the agreement to effect thereof i.e. There must be an overt act. (IV)Proof Of Criminal Conspiracy: Conspiracy may be established by direct or indirect evidence such as circumstantial evidence. Evidence need to be considered together and its cumulative effect to be weighed and given effect. According to article 23 of Q.S.O, 1984, The act done by one is issible against the co-conspirators. 3. Punishment U/Sec 120-B: (i) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for a term of two years or upwards, shall where no express provision is made in the code for the punishment of such conspiracy, be punished in the same manner as if he had abetted offence. (ii) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid, shall be punished with imprisonment of either description for a term not exceeding six months or with fine or with both. 4. Conspiracy To Commit Offences Punishable By Section 121-A: Whoever within or without Pakistan conspires to: (i) Commit any of the offence punishable by sec 121 i.e. Waging or attempting to wage war or abetting waging of war against Pakistan, or (ii) Deprive Pakistan of the Sovereignty of her territories or any part thereof, or (iii) Overawe (something more than mere apprehension. It is a situation where one feels to chose between yielding to force or exposing to serious danger) the federal Govt. or any Provincial Govt. by means of criminal force or show of it. He shall be punished with Imprisonment for life or with imprisonment of either description which may extend to ten years and shall also be liable to fine. 5. Difference Between Criminal Conspiracy And Abetment: Following are the difference between criminal conspiracy and abetment. (I) Gist Of Offence: The gist of the offence of criminal conspiracy is a bare agreement to commit an offence. The offence of abetment requires that an act or illegal omission must take place in pursuance of the conspiracy. (II) Form: Abetment is a total complete offence. Conspiracy is one of the forms of abetment. (III) Punishment: Section 109 P.P.C is concerned only with the punishment of abetments for which no express provision is made under the penal code. A charge u/sec 190, should therefore be along with some other substantive offence committed in consequence
of abetment. The offence of criminal conspiracy is an independent offence. It is made punishable u/sec 120-B. (IV)Scope: Abetment by conspiracy is narrow in scope. Criminal conspiracy is wider in scope. 6.Conclusion: To conclude, I can say that the offence of criminal conspiracy is a substantive offence and is punishable as such. It has nothing to do with abetment although it is one of the ways by which offence of abetment may be committed. It is wider in scope and covers acts which do not amount to abetment by conspiracy within the meaning of sec. 107.
It is necessary that the act done by several persons should be in furtherance of common intention of all the persons involved. It may be develop even at the spur of the moment or during the commission of an offence. If it is prove that what the several accused did are clearly individual acts done of their own accord rather than acts done in furtherance of a prearranged plan or arrangement, the liability of each and not under section 34 P.P.C. (IV) Scope Of Sec.34: Section 34 of the P.P.C is intended to meet a case in which it may be difficult to distinguish between the acts of individual of a party who act in furtherance of the common intention of all. It dose not create a distinct offence but merely enunciates a principal of t liability for act dene in furtherance of common intention of the offenders.(PLD 1983S. C35) (V) Proof Of Common Intention: Strict proof of common intention of concerned persons is normally not possible but the same can be conveniently gathered from set of circumstances brought forth in every case(1998SCMR2146) 4. Common Object U/Sec 149: 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 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. Ingredients Of Sec149: (i) Offence is committed: “The word offence is defined in sect 40 of P.P.C as a thing made punishable by P.P.C.” To invoke Sec 149, an offence has to be committed. (ii) Unlawful Assembly: According to section 141 P.P.C an assembly of five or more persons is designated an unlawful assembly, if the common object of the persons composing that assembly is unlawful. (iii) hip of Unlawful Assembly: To invoke the provision of sec. 149 hip of unlawful assembly is necessary. Proof of specifics overt act on the part of every member is not necessary. It is sufficient to prove that the accused persons shared the common object of the unlawful assembly.
(iv) In Prosecution Of Common Object: Some offence must be Committed by any member of unlawful assembly in prosecution of common object of that assembly. The common objects of the unlawful assembly has to be inferred from the hip, the weapons used and the nature of injuries as well as other surrounding circumstances. (v) Knowledge of likelihood of offence being committed: The member of unlawful assembly are also liable where the offence was such as the of the assembly knew to be likely to be committed in prosecution of that object. (II) Scope Of Section 149: Section 149 P.P.C deals with the constructive liability of of an unlawful assembly for the offence have been committed by one of the of the assembly. Sec. 149 is merely an enabling provision and not provide a substantive offence. (III) Proof of Section 149: Prosecution must prove presence and participation of each of the accused in unlawful assembly for conviction u/sec 149 P.P.C (1994 SCMR 588) 5. Distinction Between Common Intention And Common Object: Following are the differences between section 34 and sec. 149. (I) Number Of Persons: Sec.34 may apply to a case where the culprits are more than one. Sec.149 can apply only to cases in which culprits are five or more. (II) Meeting Of Mind: Sec. 34 requires a pre-concert or meeting of mind. Sec.149 will apply even if there was no prior meeting of mind. (III) Participation: Element of participation in action in necessary to constitute common intention. In Sec. 149 only hip of unlawful assembly at the time of occurrence of offence is sufficient. (Iv) As To Offence:
Section 34 expounds a doctrine of criminal liability and every criminal act in furtherance of common intention is made liable. Section 149 applies to an offence committed by any member of an unlawful assembly whose common object is one mentioned in Sec 141, P.P.C.
(vi) Presence Of Accused: In Sec 34, all the accused must be present on the spot. In sec 149, it is not necessary that all the accused must be present at the time of the commission of the offence. (VI) Development: Common intention can be developed even at the spur of the moment. common object cannot develop at the spur of the moment. (VII) As To Act Done: Sec. 34 will apply where the common intention is to do an act which was done. Sec. 149 will apply even if there was no common intention to do the act but it was done in furtherance of the common object of the unlawful assembly. 6. Conclusion: To conclude, I can say that both section 34 and 149 P.P.C . making a person vicariously liable for the acts of his companions. Both section 34 and 149 cannot always be proved by direct evidence facts and circumstances of the case.
Criminal Conspiracy Q. Define criminal conspiracy discuss its kinds and distinguish it from abetment. (2003)(2002)(2002/Annual)(2001)(199) Q. Define criminal conspiracy what are its different kinds discuss fully. (2004/S)(2005/A)(2005/S) 1. Introduction: Conspiracy is one of the forms of abetment and it differs from other offences in this respect that unlike other offences, the intention to do a criminal act is itself sufficient no matter whether it is done or not section 120-A and 120-B of P.P.C have brought the law of conspiracy in the country in line with the English law by making the overt act unessential when the conspiracy is to commit any offence. 2. Relevant Provisions: Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 120-A, 120-B, P.P.C Section 121-A P.P.C (I) Definition U/Sec 120-A: “When two or more, persons agree to do or cause to be done: (i)an illegal act. Or (ii) an act which is not illegal by illegal means Such an agreement is designated a criminal conspiracy.” (II)Ingredients: Following are the essential ingredients of offence of criminal conspiracy. (i) Two or More Persons: According to sec.120-A, at least two persons are required to constitute the conspiracy. One person cannot be held guilty of conspiracy as he cannot conspire with himself. Criminal conspiracy as envisaged in section 120-A, P.P.C. must be product of two consenting minds uninfluenced by any consideration of threat, intimidation, coercion or undue influence. (PLD 1979S.C53) (ii) Agreement Between Such Persons: Agreement is not mere intention, but announcement and acceptance of intentions. To constitute a criminal conspiracy, there must be an agreement of two or more persons to do an act which is illegal or which is to be done by illegal means. Case Law 1998 PSC 533 It was held that the most important ingredient of the offence is the agreement between two or more persons to do an illegal act (a) Mode Of Agreement: Agreement may be express or implied or parity expressed and partly implied. (iii)To do Illegal Act: The word illegal is defined u/sec 43 P.P.C as “everything which is an offence or which is prohibited by law or which furnishes ground for a civil action.” Offence of conspiracy completed as soon as agreement to do an illegal act is the ultimate object of such agreement or is merely incidental to the object. Illustration: ‘A’ and ‘B’ agrees to murder ‘C. This is an offence and they are guilty u/sec 120-A. (iv)Legal Act by Illegal Means: When two or more persons agree to do an act, which is not illegal itself, may be guilty of criminal conspiracy u/sec 120-A when they agree to do or cause to be done that act by illegal means. Illustration: ‘A’, ‘B’ and ‘C’ agree to sell clothes without paying custom duty on it. They are guilty u/sec 120-A. Agreement To Commit An Offence And Agreement Which Is Illegal But Not
Constitute An Offence: The proviso to section 120-A draws a distinction between an agreement to commit an offence and an agreement of which either the object or the methods employed are illegal but do not constitute an offence. In the case of former, the criminal conspiracy is completed by the act of agreement; in the case of the latter, there must be some act done by one or more of the parties to the agreement to effect thereof i.e. There must be an overt act. (IV)Proof Of Criminal Conspiracy: Conspiracy may be established by direct or indirect evidence such as circumstantial evidence. Evidence need to be considered together and its cumulative effect to be weighed and given effect. According to article 23 of Q.S.O, 1984, The act done by one is issible against the co-conspirators. 3. Punishment U/Sec 120-B: (i) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for a term of two years or upwards, shall where no express provision is made in the code for the punishment of such conspiracy, be punished in the same manner as if he had abetted offence. (ii) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid, shall be punished with imprisonment of either description for a term not exceeding six months or with fine or with both. 4. Conspiracy To Commit Offences Punishable By Section 121-A: Whoever within or without Pakistan conspires to: (i) Commit any of the offence punishable by sec 121 i.e. Waging or attempting to wage war or abetting waging of war against Pakistan, or (ii) Deprive Pakistan of the Sovereignty of her territories or any part thereof, or (iii) Overawe (something more than mere apprehension. It is a situation where one feels to chose between yielding to force or exposing to serious danger) the federal Govt. or any Provincial Govt. by means of criminal force or show of it. He shall be punished with Imprisonment for life or with imprisonment of either description which may extend to ten years and shall also be liable to fine. 5. Difference Between Criminal Conspiracy And Abetment: Following are the difference between criminal conspiracy and abetment. (I) Gist Of Offence: The gist of the offence of criminal conspiracy is a bare agreement to commit an offence. The offence of abetment requires that an act or illegal omission must take place in pursuance of the conspiracy. (II) Form: Abetment is a total complete offence. Conspiracy is one of the forms of abetment. (III) Punishment: Section 109 P.P.C is concerned only with the punishment of abetments for which no express provision is made under the penal code. A charge u/sec 190, should therefore be along with some other substantive offence committed in consequence
of abetment. The offence of criminal conspiracy is an independent offence. It is made punishable u/sec 120-B. (IV)Scope: Abetment by conspiracy is narrow in scope. Criminal conspiracy is wider in scope. 6.Conclusion: To conclude, I can say that the offence of criminal conspiracy is a substantive offence and is punishable as such. It has nothing to do with abetment although it is one of the ways by which offence of abetment may be committed. It is wider in scope and covers acts which do not amount to abetment by conspiracy within the meaning of sec. 107.
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