Project on

Common Intention and Common Object

[ SU B MI T TE D A S P A RT I A L R E QU I RE ME N T S F OR B.A. L.L.B. HON OU R S ]

Submitted by – Siddharth Dhabhai Submitted to – Ms. Rakhi Sharma

Roll no – 070

Semester – 7 B

Date of submission – 28th October 2023

University Five Year Law College,

University of Rajasthan, Jaipur

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 Contents

DECLARATION ........................................................................................................................3
ACKNOWLEDGEMENT ...........................................................................................................4
CERTIFICATE ...........................................................................................................................5
ABSTRACT ...............................................................................................................................6
Ch-1 Introduction ........................................................................................................................7
Ch-2 Provisions Related to Common Intention and Common Object ...........................................8
Common Intention: ...........................................................................................................8
Common Object: ............................................................................................................ 10
Conclusion ................................................................................................................................ 12
Bibliography and other Websources .......................................................................................... 13

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 DECLARATION

I, Siddharth Dhabhai hereby declare that this project titled Common Intention and Common
Object is based on original research work carried out by me under the guidance and supervision
of Ms. Rakhi Sharma.

The interpretation put forth are based on my reading and understanding of original text . The
books , articles etc used by me have been duly acknowledged at the respective places.

For the present project which I am submitting to the university , no degree or diploma has been
conferred to me before , either in this or any other university

Date – 28th October 2023

Name – Siddharth Dhabhai

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 ACKNOWLEDGEMENT

In the accomplishment of this project successfully many people have best uponed me their
blessings and heart pledged support , this time I am utilizing to thank all the people concerned
with this project.

First of all I would like to thank our Director Dr. Akhil Kumar for giving me an opportunity. I
would also like to thank our supervisor Ms. Rakhi Sharma whose valuable suggestions helped
me a lot .

Last but not the least I would like to thank my parents and friends who helped me in making of
the project

Siddharth Dhabhai

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 CERTIFICATE

Ms. Rakhi Sharma.

Faculty

University Five Year Law College

University of Rajasthan , Jaipur

This is to certify that Mr. Siddharth Dhabhai of semester 7 B of University Five Year Law
College ,University of Rajasthan , Jaipur has carried out the project entitled “Common Intention
and Common Object” under my supervision and guidance . It is an investigation report of a
minor project. The student has completed research work in my stipulated time and according to
norms prescribed for the purpose.

Supervisor

Ms. Rakhi Sharma

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 ABSTRACT

In the context of the Indian Penal Code (IPC), "common intention" is a legal term that
refers to the shared intention or consensus among a group of individuals to commit a
criminal act. Under the Indian Penal Code (IPC), the term "common object" is closely
related to the concept of "common intention" but they are not same. It is primarily
addressed in Section 149 of the IPC.

Research Methodology

 This research is based on doctrinal pattern. It is based on already available and analysed
information. This research involves secondary data.

Research Question

 Provisions dealing with Common Intention and Common Object

 Difference between Common Intention and Common Object

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 Ch-1 Introduction

In the context of the Indian Penal Code (IPC), "common intention" is a legal term that refers to
the shared intention or consensus among a group of individuals to commit a criminal act. It is an
important concept in understanding the liability of individuals involved in a criminal act
committed by a group.

According to Section 34 of the IPC, 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. In other words, if two or more persons have a common
intention to commit a criminal act, and the act is committed in furtherance of that common
intention, each person is held equally responsible for the entire act.

For example, if a group of individuals plans and agrees to commit a robbery, and during the
commission of the robbery, one of them causes the death of a person, all members of the group
who shared the common intention to commit the robbery may be held criminally liable for the
murder, even if they did not personally cause the death.

Under the Indian Penal Code (IPC), the term "common object" is closely related to the concept
of "common intention" but they are not same. It is primarily addressed in Section 149 of the
IPC. The section reads:

"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."

In simpler terms, if a group of individuals forms an unlawful assembly and any member of that
assembly commits a criminal offense as part of the common object of the assembly, or if the
offense is something that the members knew was likely to be committed in pursuit of that
common object, then all members of that assembly can be held criminally liable for that offence.

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 Ch-2 Provisions Related to Common Intention and Common Object

 C OMM ON I NTENTION :

1. Section 34 states that when several people commit a criminal act in furtherance of a
common intention, each of them is liable for the act in the same way as if he did it alone.
Therefore, common intention refers to the shared intention of two or more persons to
commit a criminal act.

Common intention, unlike common object, does not require the presence of an unlawful
assembly. It can exist between any two or more people who have a common desire to
commit a crime, whether or not they have gathered together. The common intention can
be formed at any point during the commission of the offence and can be inferred from the
accused’s behaviour.

For example, if two people plan to rob a bank and one of them shoots a security guard
during the robbery, both of them will be held responsible for the guard’s murder because
their shared intention was to commit the robbery and the murder was committed in
furtherance of that intention.

In the case of Ramachander v. State of Rajasthan, 22 October, 1982 it was held that
when there is no evidence of premeditation or a pre-planned plan, the mere presence of
the two accused on the scene or the firing of the two accused, as a result of which one
person died and two others received minor injuries, cannot be held to be sufficient to
infer common intention.

However, in Kripal Singh v. State of U.P 1964 SCR(3)992

It was upheld that common intention can emerge on the spot between a number of people,
and this must be inferred from the accused’s actions and conduct, as well as the facts and
circumstances of the case.

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2. Section 35 of the IPC addresses circumstances in which numerous individuals are
engaged in perpetrating a crime, as well as the responsibility of each person for the
violation. It is a clause that deals with the idea of “common intention” in penal law.

According to this, when a crime is committed by a group of people who all have the same
purpose to commit the offense, each person of the group is held accountable for the
complete offense. This means that if one member of the group performs an illegal act, all
members of the group can be held responsible, even if they did not actively engage in the
act.

Furthermore, the section states that if the group’s criminal act was part of a series of acts
intended to achieve a common goal, then each member of the group is liable for all acts
committed in furtherance of that goal, regardless of whether they directly participated in
each act.

Overall, Section 35 of the Indian Penal Code is an important rule that helps to ensure that
all members of a group engaged in an illegal act are held responsible for their actions. It
also acts as a deterrent to people who may be enticed to engage in criminal activity as
part of a collective.

3. The concept of “cooperation by doing one of several acts constituting an offence” is

addressed in Section 37 of the IPC. When several people conduct an offence, each person
who does anything toward the commission of the offence is said to have “co-operated” in
the commission of that offence, according to this part.

In summation, Section 37 of the IPC guarantees that all individuals who contribute to the
execution of an offence, whether through shared purpose or individual actions of
cooperation, are held equally responsible for the crime.

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 C OMM ON O B JECT :

1. Section 141 of the IPC defines an unlawful assembly as a gathering of five or more
people with the common goal of committing an offence or performing any illegal act
through legal means. The common object can be either illegal or legal, but if it is illegal,
the members of the assembly will be held liable for any crime committed in furtherance
of that object, whether they personally committed the crime or not.

For example, if a group of people gather with the common goal of beating up someone,
and one of them kills that person in the process, all of the group members will be held
liable for the murder, even if they did not directly participate in the killing.

2. Section 149 of the IPC states that if any member of an unlawful assembly commits an
offence, every other member of that assembly is guilty of the same offence if it is
committed in pursuit of the assembly’s common object or in furtherance of a common
intention. As a result, a common object is the goal that members of an unlawful assembly
have in mind when they gather.

3. Essentials of Section 149

 An offence that is committed by members of an unlawful assembly.

 The offence committed must be in the prosecution of the common object.

 The members must know that the offence is likely to be committed.

 The offence must be committed by five or more persons.®1

1
https://www.legalservicesindia.com/article/1338/Common-Intention-And-
CommonObject-Under-The-Indian-Penal-Code-1860.html

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4.Difference between Common Intention and Common Objective:

BASIS FOR
COMMON INTENTION COMMON OBJECT
DIFFERENTIATION

1. Meaning Common Intention implies a Common Object refers to a

meeting of mind of the persons purpose which is shared by
charged of the crime, requiring a all the members of an
preliminary unity. unlawful assembly.

2. Prior Required before the crime takes Not required before the
agreement and place. crime takes place.
consensus

3. Pre-arranged The criminal act is the result of a The criminal act is not the
plan pre-arranged plan. result of a pre-arranged
plan.
4. Number of Two or more Five or more
persons

5. Substantive It sets out the principles of It creates a specific

offence constructive liability without the substantive offence.
creation of any substantive
offence.

6. Liability All the persons involved in All the persons involved in

committing the crime are equally committing the crime may
liable. or may not be equally
liable.

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 Conclusion

After reading this project one can easily differentiate between common objective and intention, it
can be concluded that section 34 deals with common intention and section 149 of code deals with
common objective. Section 34 states that when several people commit a criminal act in furtherance
of a common intention, each of them is liable for the act in the same way as if he did it alone.

Therefore, common intention refers to the shared intention of two or more persons to commit a
criminal act. Section 35 of the IPC addresses circumstances in which numerous individuals are
engaged in perpetrating a crime, as well as the responsibility of each person for the violation. It is
a clause that deals with the idea of “common intention” in penal law.

According to this, when a crime is committed by a group of people who all have the same purpose
to commit the offense, each person of the group is held accountable for the complete offense. This
means that if one member of the group performs an illegal act, all members of the group can be
held responsible, even if they did not actively engage in the act.

Section 149 of the IPC states that if any member of an unlawful assembly commits an offence,
every other member of that assembly is guilty of the same offence if it is committed in pursuit of
the assembly’s common object or in furtherance of a common intention. As a result, a common
object is the goal that members of an unlawful assembly have in mind when they gather. We have
also discussed the essentials of section 149.

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 Bibliography and other Websources

1.https://lawctopus.com/clatalogue/clat-pg/ipc-notes-forms-of-intention-under-the-ipc/
2. https://www.legalservicesindia.com/article/1338/Common-Intention-And-Common-
Object-Under-The-Indian-Penal-Code-1860.html

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