Comman intention
bhuvi garg
(Querist) 10 March 2012
This query is : Resolved
what is the diference between comman intention & comman object.if comman object is not such as given in sec 141 then such assembly is designated as lawful or unlawful?
my ques is if 5 persons make an object to murder some people the this object namely murder is an object in terms of sec 141.
ans pls
Adv.R.P.Chugh
(Expert) 10 March 2012
It would amount to an unlawful assembly as the object of the assembly is to commit an offence and the same falls within 141(Third).— To commit any mischief or criminal trespass, or other offence;
you are probably getting confused over murder not being specified there - don't be - it falls within other offence - which is not to be construed ejusdem generis.
Apart from this the difference b/w Common Intention and Object i.e 34 & 149 -
first of all 34 is only a rule of evidencine - 149 a substantive offence.
Second : for 34 liability is constructed on one for the acts of another - if the act is done in furtherance of common intention of all i.e participation in action.
in 149 liability is based on mere membership in assembly at the time offence, there need not be any participative acts.
COmmon Intention is far more deliberative and close knit - where people have decided not only to do something together but to do it by complimentarity of action and they actually do it so.
In Common Object the link is far looser - they only decide to achieve an end, things such as how to do it etc ? are not gone into.
This distinction is fine but real and continues to baffle even SC Judges, read H.S.Gour on this
bhuvi garg
(Querist) 10 March 2012
highly thankful for information
bhuvi garg
(Querist) 10 March 2012
i was confused in other offence.now its cleared.
