Mirza Mohammad Rifat.:Distinction between ’common intention’ and ‘common object’

Distinction between ’common intention’ and ‘common object’

Introduction

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 it were done by him alone.  If an offence is committed in prosecution of the common object every member shall be liable for the offence.

1. Common intention requires that the number of persons should be more than one. At least 5 persons are necessary for common object.

2. Common intention does not create a specific and substantive offence. it is only a role of evidence. On the other hand Common object creates a specific and substantive offence.

3. In common intention prior meeting of minds is necessary. But it is not a requirement under Common object.

4. Common intention within the meaning of section 34, is undefined and unlimited. Common object is defined and is limited to the five unlawful objects stated in section 141 of Penal Code.

5. In case of common intention active participation in commission of crime is necessary, where active participation in commission of crime is not necessary.

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