COMMON INTENTION
Section 34 of the pakistan penal code deals with constructive criminality i.e., liability of all for acts done by one or more. This section was introduced in order to meet the cases in which it may be difficult to apportion the liability of each member according to his participation in the commission of the crime. Since it is difficult to distinguish precisely the part taken by each member of a group, it was thought necessary to declare all the persons equally liable for the acts done. SEction 34 does not create a distinct offence, it only lays down the principle of joint criminal liability. So it is a rule of evidence only and does not create a substantive offence.
Section 34 of the pakistan penal code deals with constructive criminality i.e., liability of all for acts done by one or more. This section was introduced in order to meet the cases in which it may be difficult to apportion the liability of each member according to his participation in the commission of the crime. Since it is difficult to distinguish precisely the part taken by each member of a group, it was thought necessary to declare all the persons equally liable for the acts done. SEction 34 does not create a distinct offence, it only lays down the principle of joint criminal liability. So it is a rule of evidence only and does not create a substantive offence.
The words “furtherance of common intention “have been the subject of much discussion amongst the lawyers and conflicting interpretations have been put forth.
One common agreed point has, however, been that furtherance of commonly design is the condition precedent for joint liability under section 34. The words common intention means unity of purpose or a pre-arranged plan.
INGREDIENTS OF SECTION 34 PPC
1. Two or more persons.
2. They must have a common intention to commit an offence.
3. Participation by all the accused in doing act or acts in furtherance of that common intention.
COMMON OBJECT
Section 149, like section 34, is the other instance of constructive joint liability. Section 149 creates a specific offence. It runs as under: “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".
Section 149, like section 34, is the other instance of constructive joint liability. Section 149 creates a specific offence. It runs as under: “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".
The essence of offence under section 149 of pakistan penal code is assembly of several persons ( not less than five in any case ) having one or more of the common objects mentioned in section 141. Section 149 creates joint liability of all members of an unlawful assembly for criminal for criminal act done by any member in prosecution of the common object of the said assembly.
So the essential ingredints of sectin 149, P.P.C are:
1. There must be an unlawful assembly as defined in section 141 of ppc.
2. Criminal act must be done by member of such assembly.
3. Act done is for prosecution of the common object of the assembly, or such which was likely to be committed in prosecution of the common object
4. Members have voluntarily joined the unlawful assembly and know the common object of the assembly.
#ref-menu
instance of constructive joint liability. Section 149 creates a specific offence. It runs as under: “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".
ReplyDeleteThe essence of offence under section 149 of pakistan penal code is assembly of several persons ( not less than five in any case ) having one or more of the common objects mentioned in section 141. Section 149 creates joint liability of all members of an unlawful assembly for criminal for criminal act done by any member in prosecution of the common object of the said assembly.
So the essential ingredints of sectin 149, P.P.C are:
1. There must be an unlawful assembly as defined in section 141 of ppc.
2. Criminal act must be done by member of such assembly.
3. Act done is for prosecution of the common object of the assembly, or such which was likely to be committed in prosecution of the common object
4. Members have voluntarily joined the unlawful assembly and know the common object of the assembly.