Tuesday, 10 April 2012

Offence - Common Intention, Criminal Conspiracy, Common Object - distinction between them

Offence - Common Intention, Criminal Conspiracy, Common Object - distinction between them

IPC - Section 34. Acts done by several persons in furtherance of common intention When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

IPC - 120A. Definition of criminal conspiracy When two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation- It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

IPC – Section 141.Unlawful assembly An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is-
First- To overawe by criminal force, or show of criminal force, 87[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or
Second- To resist the execution of any law, or of any legal process; or
Third- To commit any mischief or criminal trespass, or other offence; or
Fourth- By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
Fifth- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what lie is legally entitled to do.
Explanation- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Section 34: (2011) 12 SCC 120 – Para 21; (2011) 12 SCC 319;

Sections 34, 120A, 120B – nature, scope – explained – contrasted – (2011) 6 SCC 1 – Para 68.

Sections 34 and 149 – common intention and common object – difference restated – (2011) 9 SCC 479 – Para 72 to 78

Section 34 – acquittal / conviction of other accused – (2011) 9 SCC 115.

Section 34: (2011) 12 SCC 120 – Para 21; (2011) 12 SCC 319 – Paras 10, 11.

Section 34 – In order to attract section 34 complaint must prima facie reflect a common prior concert or planning amongst accused – Asoke Basak versus State of Maharashtra – (2010) 4 Crimes 318 (SC0

Section 34 of IPC – co-accused – Sukhram versus State of MP – AIR 1989 SC 772

Section 34 of IPC when attracted – principles reiterated – (2013) 4 SCC 517


Common Intention
Gurpreet Singh Vs St of Punjab AIR 2006 SC 191

Common Object
Bhagwan Singh and Ors V State of MP 2002 4 SCC 85
Pandurang Chandrakant Mhatre and Ors V State of Maharashtra 2009 10 SCC 773






Section 120B
Ajay Agarwal V UOI AIR 1992 SC 1637
Chaman Lal and Ors V St of Punjab AIR 2009 SC 2972
Harihar Prasad etc v St of Bihar 19723 SCC 89
Suman Sood @ Kamal Jeet Kaur V State of Rajasthan AIR 2007 SC 2774

Criminal conspiracy –
AIR 1961 SC 1762;
AIR 1977 SC 2433;
AIR 1993 SC 1637;
AIR 1994 SC 2420, 2460-61;
(1995) 1 SCC 142, 147 to 149;
AIR 1996 SC 1744, 1749;
AIR 1999 SC 1086, 1090;
JT 1999 (1) SC 116, 124;
(1995) 1 SCC 684, 712, Para 73;
2005 CrLJ 4648.
CRIMINAL CONSPIRACY – AIR 2001 SC 175
Elements of Conspiracy – (2012) 9 SCC 257
Criminal conspiracy – (2012) 9 SCC 696

Sections 34, 120A, 120B – nature, scope – explained – contrasted – (2011) 6 SCC 1 – Para 68.



1 comment:

  1. This subjects regarding transgression, offender law, plus the the legal system record the interest regarding most people, individuals, legal representatives, and teachers. Inside the academy, exactly where students study and train authorized precedent and also contemporary training, considerably debate and question provides aimed at the topic of guys rea. if a legal behave is completed by simply many folks inside furtherance from the Common Intention and Common Object and it's Difference coming from all, all these kinds of individual is likely for that behave in much the same like this had been accomplished by simply him or her by itself.

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