Answer
Ans: (a)
Common Intention:
According to S. 34 of P.P.C. When 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 [lie same manner as ii it were done him alone.
Common Object:
According to S. 149 of P.P.C., if an offence committed by any member of an unlawful assembly in prosecution of the common object of that assembly or such as the members of :hat assembly knew to be likely o be committed in prosecution of flat 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.
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Constructive liability:
The phrase Constructive Liability means and connotes the sense that a person is liable in law for the
sequences of an act of another, even though he has not done it himself. The principle is that, under certain circumstances, though a person did not directly contribute anything towards the commission of a certain offence in law, he shall be equated with the actual and principal offender so far as the legal liability is concerns.
Ss. 34 and 149 of PPC lay down this principle. Under S. 34 of PPC, if a criminal act is done by several persons. in furtherance of their common intention each of such persons is aisle for that act in the same manner as if it ware done by him alone. Similarly, if an offence is committed by any member of an unlawful assembly, in the prosecution of the common object of the assembly or such as the members knew to he likely to he committed in prosecution of that object. Every member thereof shall be considered guilty of that offence.
Both the sections deal with combination of persons become punishable as sharers in an offence. Thus they have a certain resemblance and may to some extent overlap. But, there is a distinction and difference between Object’ and ‘Intention. Lord. Though their ‘Object’ may be Common, the ‘Intention’ of the several members may differ. In ‘Common Intention’, the element of participation in action is the leading feature. Every member must actively contribute towards the furtherance of the common intention. In the ease of ‘common object, the leading feature of participation is replaced by membership of the assembly at the time of the commission’ of the offence, S. 34 of P.P.C. refers. To cases in which several persons intend to do and do an act.
There is normally a pre-thought, pre-concert. Pre-plan a predesign. It does not refer to cases where several persons intend to do an act and some one or more of them do an entirely different act where S. 149 PPC may be applicable, if the different criminal act done was in the knowledge of the members of the unlawful assembly.
Examples for Common Intention
1. Where out of four accused two were unnamed but rendering deceased powerless by grabbing arms and other two delivering fatal blows with knife, on victim. It was held that the accused were motivated by common intention. Where there is no common design this section is not applicable.
2. Where one out of several persons took out a knife at the spur of the moment and caused fatal injuries on another, it was held that it was individual act and could of be called as a joint act of all the other accused persons.
Common Intention
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1. Act by two or more persons in furtherance of common Interneuron.
2. Enforces doctrine t criminal liability and does not form a distinct offence.
3. It is pre-arranged and pre planned.
4. In the furtherance of common intention of all, all the accused must be present on the spot and all of them must take part in the commission of criminal act.
Common Object
Act by five or more persons in furtherance of common object.
Enforces vicarious liability but also creates distinct offence to deal with that offence alone.
Being member of unlawful assembly one becomes liable it is not necessary that all the accused may be present on the spot at the time of commission of the offence. Any member of unlawful assembly acts to prosecute the common object all are shall be liable.
Examples for Common Object:
I. A. B, C’, D and E with deadly arms go to the land of K and try dispossess him forcibly and K is by the only fire of B, Held alt the liable for murder of K under Ss. 302/149 P.P.C.
(2) Ten persons gather at a public place to agitate against Government. Five of them damage the Government property and also the policemen. Held all are liable under Ss. 149/147/324 of .PP.C.
Ans: (b)
S. 149, P.P.C. lays down that if an offence is committed by any member of an unlawful assembly:
(i) is prosecution of common object of that assembly, or
(ii) such as the members of that assembly know 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. So if a person is placed in the aforesaid position, he can be held guilty of the committed offence even if he has not committed the offence himself.
Other Circumstances:
A person is liable to be convened for offences committed by others in the following circumstances. -
1. 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.
2. When a person abets the commission of an offence and the offence abetted is committed, if no express provision (S. 34) is made for the punishment of such abetment, he shall be punished with the punishment provided for the offence. But if, a different offence is committed the abettor liable for the act done, in the same manner and to the same extent as if he had directly abetted it, provided the act done was a probable consequence of the abetment. (Ss. 109 & 111)
3. Whenever force or violence is used by an unlawful assembly, in prosecution of the common object of such assembly. Every member of such assembly is guilty of the offence of rioting. (S. 146)
4. If the owner or occupier of the land upon which an unlawful assembly or riot has taken place does not give earliest notice thereof to the officer—in-charge of the nearest phone station he is liable to punishment. (S. 154)
Example:
In offences of house breaking under S 40 PPC and dacoit with murder under S. 396 P.P.C. ii at the time of house-breaking by night, any person guilty of such vetting voluntarily cause of attempts to cause death or grievous hurt every person jointly concerned in house—breaking is responsible.
So also m the case under S.396 PP(. if any of the persons, con jointly committing dacoit, commits murder in so committing dacoit. everyone of these persons shall he liable.