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3119924, 722 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences Difference Between Common Intention and Common Object In criminal aw, ‘intention’ absorbs a significant place. With regard to the supreme form of the mental element, itis applicable to heinous crimes. The Indian Penal Code does not define the word ‘Intention’, however, section 34 is concerned with ‘common intention’ In common intention, there must be a prior meeting of mind and unity, as well 2s there is an obvious act must be performed in the progression of the common intention of all On the other hand, the common object may be developed without 2 pretiminary meeting of mind. It is possible that the common object of the unlawful assembly is one however, the intention is different. Here we are going to discuss the differences between common intention and. commen object. Content: Common Intention Vs Common Object 1. Comparison Chart 2. Definition 3. Key Differences, ntps:keyaiferences,comiaference-between-common-ntention-and.common-object him ‘Search neste (OP 5 DIFFERENCES Difference Between PERT and CPM Difference Between Micro and Macro Economies, Difference Between Developed Countries and Developing Countries Difference Between Management and Administration Difference Between Qualitative and Quantitative Research NEW ADDITIONS Difference Between Intraduction and Executive Summary Difference Between Programmed and Non-programmed Decisions Difference Between Depreciation and Devaluation of Currency Difference Between Consumer Market and Business Market Difference Between Manufacturing and Service Operations Difference Between Currency and Money 18 3119924, 722 PM 4, Conclusion Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences Comparison Chart BASIS FOR COMPARISON Meaning Prior agreement and consensus Pre-arranged plan Number of persons Substantive offence Liability COMMON INTENTION Common Intention implies a meeting of mind of the persons charged of the crime, requiring a preliminary ut Required before the crime takes place. The criminal acts the result of a pre-arranged plan ‘Two or more It sets out the principles of constructive liability without the creation of any substantive offence. All the persons involved in committing the crime are equally iable Met dis do treat the Definition of Common Intention COMMON OBJECT Common Object refers to 2 purpose which is shared by all the members of an Unlawful assembly. Not required before the crime takes place. The criminal act is not the result of a pre-arranged plan. Five or more It creates a specific substantive offence, All the persons involved in committing the crime may or may not be equally liable. Common intention refers to the predetermined plan and taking action in unison to proceed with the plan. Common Intention springs before the crime is committed, but the time gap between the two should not be long. It could take place suddenly. ‘When two or more than two persons give thelr consent to perform an act, under common intention, the co-accuseds are entitled to equal criminal Liability, as mentioned in Section 34 of the Indian Penal Code. In such a case ntps:keyaiferences,comiaference-between-common-ntention-and.common-object him Difference Between ACH and Wire Transfer Difference Between Vowels and Consonants Difference Between Revising and Editing Difference Between Who's and Whose Banking Business Education English Finance General Iv Law Science [ + Eee ubscibe to youtube 216 3119924, 722 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences each and every member is liable for that act, in a way that they had done the act solely. Section 34 of the IPC incorporates the principle of joint Liability when a criminal act is performed, and the crux of that liability is the presence of ‘common intention. ts applicability is due to the involvement in the offence. It is among the provisions of the Indian Penal Code, which is exercised to extend the lability of other people. The essence of this section is that the accused must be physically present at the actual commission of the erime, Definition of Common Object The term object refers to the purpose and to make it common, it has to be mutual, When five or more than five persons in continuation of a common object, conduct an illegal act, then each and every person is equally iable, no ‘matter if there is a prior meeting of minds among the co-accuseds or not. However, the consent of all is important as every member of the unlawful assembly has given their consent to achieve the common object Ndi dise dot treat thes Further, when any one of the members of the unlawful assembly has committed an offence to proceed with the common object of that assembly then every member of that assembly is guilty of that offence. As per Section 149 of IPC, the liability of other members for the crime committed during the prosecution lies on the fact thatif the other members knew in advance that the offence actually committed was expected to be committed in the continuance of the common object. his can be identified by the nature of the assembly, arms of behaviour, at or before the scene of action, Further, if itis found out that the other members. are not known about this fact, then their liability for the offence does not ‘Simply put, the object has to be common to the members, who constitute the assembly, ie, they are not just aware of the purpose, but they also have concurrence in that regard. ntps:keyaiferences,comiaference-between-common-ntention-and.common-object him angieg, 7:22 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences According to section 141 of the Indian Penal Code, an assembly of five or ‘more than five persons is regarded as an unlawful assembly, ifit is formed with an unlawful object. Key Differences Between Common Intention and Common Object The difference between common intention and common object can be drawn clearly on the following grounds: 1. Common intention is when two ar more than two persons intentionally commit an offence jointy, it's same as if each of them had done it solely. On the contrary, each and every member of the unlawful assembly is guilty of the crime taken place in the continuance of the common object, ie. an object which is shared by all, 2. For common intention, itis very important that there isa prior concert between the members. On the other hand, for the common objectit is not essential that there isa preliminary concert between the members, ie. on the meeting of the members of the unlawful assembly the common object may develop at the spot, and itis sufficient that itis adopted and shared by atl 3. The common intention must have a pre-arranged plan and premediated concert, no matter if the plan is hastily made and ‘comes up with cruelty. Conversely, for a common object pre~ arranged plan is not required before the commission of the crime. 4, Two or more persons have te be involved in invoking common intention. As against, there have to be five or more persons for imposing common intention. 5. Common intention sets out the principles of constructive liability without the creation of any substantive offence. On the contrary, the common object creates a specific substantive offence. 6. If there is a common intention, al the persons accused of the ‘commission of the crime are equally liable. In contrast, i there is ‘common object, all the persons accused of the commission of the offence may of may not be equally liable, —————— Conclusion Common object differs from a common intention in the sense that it doesn't need a preliminary concert and consensus before the offence takes place. Further, in the cases of joint lability, the co-accuseds who were involved in a crime, under common intention and common object is entitled to equal criminal Uabilty subject to certain exceptions. ntps:keyaiferences,comiaference-between-common-ntention-and.common-object him 3119924, 722 PM Diference Between Common Intention and Common Object (with Comparson Chart) - Key Differences You Might Also Like: Difference Between Tort and Difference Between Cognizable Crime and Non-Cognizable Offence Difference Between Indian Penal Difference Between Void and Code (IPC) and Criminat egal Agreement Procedure Code (CrPC) Difference Between Complaint Difference Between Intention and and FIR Motive Leave a Reply ‘Your email address will not be published. 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