Q. Define and explain common intention and common object.

Is there any difference between the

two. If so, explain. (1999) (2000) (2001) (2003) (2004/A) (2005/A) (2006/A)

1. Introduction:

Section 34 and section 149 0f P.P.C embodies the rule of constructive liability which means that a person
is liable for the consequences of an act of another person. But sec. 34 and sec. 149 should not be mixed
up together. The rule of common intention in sec. 34 and common object in sec. 149 are not
synonymous in any way and they have got their distinguishable features.

2. Relevant Provisions:

Following are the relevant provisions of P.P.C regarding the concerned topic.

Section 34 for common intention

Section 149 for common object.

3. Common Intention:

(i) Meaning:

“ common intention within the meaning of section 34 implies a pre-arranged plan. (NLR 1980 criminal
517)”

(ii) Common Intention U/ SEC 34:

When a criminal act is done by several persons in furtherance of the common intention of all, each of
such person is liable for that act in the same manner as if it were done by him alone.

Ingredients Of SEC. 34:

Following are the ingredients of sec. 34.

(i) Criminal Act:

There must be some criminal act to invoke sec. 34 criminal act is one which is prohibited by law and is
carried out in violation of the limits prescribed by law. The act contemplated by sec. 34 is some physical
act and merely a mental act.

(ii) By Several Persons:

The criminal act must be done by several persons. It means that sec. 34 will apply only is cases where
the accused is more than one.

(iii) In Furtherance Of Common Intention:

It is necessary that the act done by several persons should be in furtherance of common intention of all
the persons involved. It may be develop even at the spur of the moment or during the commission of an
offence. If it is prove that what the several accused did are clearly individual acts done of their own
accord rather than acts done in furtherance of a prearranged plan or arrangement, the liability of each
and not under section 34 P.P.C.

(IV) Scope Of Sec.34:

Section 34 of the P.P.C is intended to meet a case in which it may be difficult to distinguish between the
acts of individual members of a party who act in furtherance of the common intention of all. It dose not
create a distinct offence but merely enunciates a principal of joint liability for act dene in furtherance of
common intention of the offenders.(PLD 1983S. C35)

(V) Proof Of Common Intention:

Strict proof of common intention of concerned persons is normally not possible but the same can be
conveniently gathered from set of circumstances brought forth in every case(1998SCMR2146)

4. Common Object U/Sec 149:

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.

Ingredients Of Sec149:

(i) Offence is committed:

“The word offence is defined in sect 40 of P.P.C as a thing made punishable by P.P.C.” To invoke Sec 149,
an offence has to be committed.

(ii) Unlawful Assembly:

According to section 141 P.P.C an assembly of five or more persons is designated an unlawful assembly,
if the common object of the persons composing that assembly is unlawful.

(iii) Membership of Unlawful Assembly:

To invoke the provision of sec. 149 membership of unlawful assembly is necessary. Proof of specifics
overt act on the part of every member is not necessary. It is sufficient to prove that the accused persons
shared the common object of the unlawful assembly.

(iv) In Prosecution Of Common Object:

Some offence must be Committed by any member of unlawful assembly in prosecution of common
object of that assembly. The common objects of the unlawful assembly has to be inferred from the
membership, the weapons used and the nature of injuries as well as other surrounding circumstances.

(v) Knowledge of likelihood of offence being committed:

The member of unlawful assembly are also liable where the offence was such as the members of the
assembly knew to be likely to be committed in prosecution of that object.

(II) Scope Of Section 149:

Section 149 P.P.C deals with the constructive liability of members of an unlawful assembly for the
offence have been committed by one of the members of the assembly. Sec. 149 is merely an enabling
provision and not provide a substantive offence.

(III) Proof of Section 149:

Prosecution must prove presence and participation of each of the accused in unlawful assembly for
conviction u/sec 149 P.P.C (1994 SCMR 588)

5. Distinction Between Common Intention And Common Object:

Following are the differences between section 34 and sec. 149.

(I) Number Of Persons:

Sec.34 may apply to a case where the culprits are more than one.

Sec.149 can apply only to cases in which culprits are five or more.

(II) Meeting Of Mind:

Sec. 34 requires a pre-concert or meeting of mind.

Sec.149 will apply even if there was no prior meeting of mind.

(III) Participation:

Element of participation in action in necessary to constitute common intention.

In Sec. 149 only membership of unlawful assembly at the time of occurrence of offence is sufficient.

(Iv) As To Offence:

Section 34 expounds a doctrine of criminal liability and every criminal act in furtherance of common
intention is made liable.

Section 149 applies to an offence committed by any member of an unlawful assembly whose common
object is one mentioned in Sec 141, P.P.C.
(vi) Presence Of Accused:

In Sec 34, all the accused must be present on the spot. In sec 149, it is not necessary that all the accused
must be present at the time of the commission of the offence.

(VI) Development:

Common intention can be developed even at the spur of the moment. common object cannot develop
at the spur of the moment.

(VII) As To Act Done:

Sec. 34 will apply where the common intention is to do an act which was done.

Sec. 149 will apply even if there was no common intention to do the act but it was done in furtherance
of the common object of the unlawful assembly.

6. Conclusion:

To conclude, I can say that both section 34 and 149 P.P.C . making a person vicariously liable for the acts
of his companions. Both section 34 and 149 cannot always be proved by direct evidence facts and
circumstances of the case.

Criminal Conspiracy 
Q. Define criminal conspiracy discuss its kinds and distinguish it from abetment.
(2003)(2002)(2002/Annual)(2001)(199)
Q. Define criminal conspiracy what are its different kinds discuss fully.
(2004/S)(2005/A)(2005/S)
1. Introduction:
Conspiracy is one of the forms of abetment and it differs from other offences in this respect that unlike
other offences, the intention to do a criminal act is itself sufficient no matter whether it is done or not
section 120-A and 120-B of P.P.C have brought the law of conspiracy in the country in line with the
English law by making the overt act unessential when the conspiracy is to commit any offence.
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 120-A, 120-B, P.P.C
Section 121-A P.P.C
(I) Definition U/Sec 120-A:
“When two or more, persons agree to do or cause to be done:
(i)an illegal act. Or
(ii) an act which is not illegal by illegal means
Such an agreement is designated a criminal conspiracy.”
(II)Ingredients:
Following are the essential ingredients of offence of criminal conspiracy.
(i) Two or More Persons:
According to sec.120-A, at least two persons are required to constitute the conspiracy. One person
cannot be held guilty of conspiracy as he cannot conspire with himself.
Criminal conspiracy as envisaged in section 120-A, P.P.C. must be product of two consenting minds
uninfluenced by any consideration of threat, intimidation, coercion or undue influence.
(PLD 1979S.C53)
(ii) Agreement Between Such Persons:
Agreement is not mere intention, but announcement and acceptance of intentions. To constitute a
criminal conspiracy, there must be an agreement of two or more persons to do an act which is illegal or
which is to be done by illegal means.
Case Law
1998 PSC 533
It was held that the most important ingredient of the offence is the agreement between two or more
persons to do an illegal act
(a) Mode Of Agreement:
Agreement may be express or implied or parity expressed and partly implied.
(iii)To do Illegal Act:
The word illegal is defined u/sec 43 P.P.C as
“everything which is an offence or which is prohibited by law or which furnishes ground for a
civil action.”
Offence of conspiracy completed as soon as agreement to do an illegal act is the ultimate object of such
agreement or is merely incidental to the object.
Illustration:
‘A’ and ‘B’ agrees to murder ‘C. This is an offence and they are guilty u/sec 120-A.
(iv)Legal Act by Illegal Means:
When two or more persons agree to do an act, which is not illegal itself, may be guilty of criminal
conspiracy u/sec 120-A when they agree to do or cause to be done that act by illegal means.
Illustration:
‘A’, ‘B’ and ‘C’ agree to sell clothes without paying custom duty on it. They are guilty u/sec 120-A.

Agreement To Commit An Offence And Agreement Which Is Illegal But Not Constitute An Offence:
The proviso to section 120-A draws a distinction between an agreement to commit an offence and an
agreement of which either the object or the methods employed are illegal but do not constitute an
offence. In the case of former, the criminal conspiracy is completed by the act of agreement; in the case
of the latter, there must be some act done by one or more of the parties to the agreement to effect
thereof i.e. There must be an overt act.
(IV)Proof Of Criminal Conspiracy:
Conspiracy may be established by direct or indirect evidence such as circumstantial evidence. Evidence
need to be considered together and its cumulative effect to be weighed and given effect. According to
article 23 of Q.S.O, 1984, The act done by one is admissible against the co-conspirators.
3. Punishment U/Sec 120-B:
(i) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,
imprisonment for a term of two years or upwards, shall where no express provision is made in the
code for the punishment of such conspiracy, be punished in the same manner as if he had abetted
offence.
(ii) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence
punishable as aforesaid, shall be punished with imprisonment of either description for a term not
exceeding six months or with fine or with both. 
4. Conspiracy To Commit Offences Punishable By Section 121-A:
Whoever within or without Pakistan conspires to:
(i) Commit any of the offence punishable by sec 121 i.e. Waging or attempting to wage war or abetting
waging of war against Pakistan, or
(ii) Deprive Pakistan of the Sovereignty of her territories or any part thereof, or
(iii) Overawe (something more than mere apprehension. It is a situation where one feels to chose
between yielding to force or exposing to serious danger) the federal Govt. or any Provincial Govt. by
means of criminal force or show of it.
He shall be punished with Imprisonment for life or with imprisonment of either description which may
extend to ten years and shall also be liable to fine.
5. Difference Between Criminal Conspiracy And Abetment:
Following are the difference between criminal conspiracy and abetment.
(I) Gist Of Offence:
The gist of the offence of criminal conspiracy is a bare agreement to commit an offence.
The offence of abetment requires that an act or illegal omission must take place in pursuance of the
conspiracy.
(II) Form:
Abetment is a total complete offence.
Conspiracy is one of the forms of abetment.
(III) Punishment:
Section 109 P.P.C is concerned only with the punishment of abetments for which no express provision is
made under the penal code. A charge u/sec 190, should therefore be along with some other substantive
offence committed in consequence of abetment.
The offence of criminal conspiracy is an independent offence. It is made punishable u/sec 120-B.
(IV)Scope:
Abetment by conspiracy is narrow in scope.
Criminal conspiracy is wider in scope.
6.Conclusion:
To conclude, I can say that the offence of criminal conspiracy is a substantive offence and is punishable
as such. It has nothing to do with abetment although it is one of the ways by which offence of abetment
may be committed. It is wider in scope and covers acts which do not amount to abetment by conspiracy
within the meaning of sec. 107.