· An illegal act, or
· An act which is not illegal by means, such an agreement is
designated as criminal conspiracy provided that no agreement
except an agreement to commit an offence shall amount to a
criminal conspiracy unless some act besides the agreement is
done by one or more parties to such agreement in pursuance
thereof.”
Case Laws
Conclusion
~~~~~~~~~~~~~~~~
# J. Chandrachud, Y K and Manohar VR, Indian Penal Code-
Ratanlal & Dhirajlal 31st edition 2007
# Atin Kumar Das, ” Joint Liablity and Group Liablity under IPC
1860: A critical analysis” , available at http://www.myarticle.com/
Law/Criminal-Law/joint-liability-and-group-liability-under-
indian-penal-code-1860-a-critical-analysis.html
# Manohar, V R, Indian penal Code-Ratanlal & Dhirajlal 33rd
edition 2010
# Section 34, Indian Penal Code, 1860
# Pillai, PSA Criminal Law, KI Vibhute 10th edition Reprint 2012
page 349
# (1838) 8 C & P 541 and referred in Pillai, PSA Criminal Law, KI
Vibhute 10th edition Reprint 2012 page 349
# Section 34, Indian Penal Code, 1860
# AIR 1925 PC 1
# Chandrachud YV, Manohar VR, Indian Penal Code Ratanlal &
Dhirajlal 31st enlarged edition reprint 2007 page 125
# Ibid
# Section 120A, Indian Penal Code
# Section 43, Indian Penal Code
# Pillai, PSA Criminal Law, KI Vibhute 10th edition Reprint 2012
page 324-325
# Pillai, PSA Criminal Law, KI Vibhute 10th edition Reprint 2012
page 327
# Section 120B, Indian Penal Code
# Chandrachud YV, Manohar VR, Indian Penal Code Ratanlal &
Dhirajlal 31st enlarged edition reprint 2007 page 604
# Section 149, Indian Penal Code
# Chandrachud YV, Manohar VR, Indian Penal Code Ratanlal &
Dhirajlal 31st enlarged edition reprint 2007 page 690
# AIR 1989 SC 1137
# AIR 1956 SC 116
# 1997 CrLJ 4394
# MANU/MH/0019/1987
# 1978 WLN UC 339 available at indiakanoon.org
# MANU/UP/1569/2007
# (1999)9SCC72
# (2007)10SCC289
# MANU/RH/0514/2004
# MANU/SC/0779/2012\
COMMON INTENTION
Common intention implies a pre arranged plan and acting in
concert pursuant to the plan. Common intention comes into
being prior to the commission of the act, which need not be a
long gap. To bring this section into effect a pre-concert is not
necessarily be proved, but it may well develop on the spot as
between a number of persons and could be inferred from facts
and circumstances of each case.
Cases
One of the earliest cases came before the court under s.34 under
the principle of Joint Liability was Barendra Kumar Ghosh v.
King Emperor[vi]. This case is also known as the ‘Post Master
Case’. Lord Sumner dismissed the appeal against the conviction
and held that – “criminal acts means that unity of criminal
b e h av i o u r w h i c h r e s u l t s i n s o m e t h i n g fo r w h i c h a n
individual would be responsible, if it were all done by
himself alone, that is, in criminal offence.”
The other important case came before the Supreme Court was
Rangaswami v. State of Tamil Nadu[vii]. Supreme Court held
that even though the presence of A-3 was established but he did
not share common intention and he was unfamiliar with the
plan. Therefore he was acquitted all of the charges.
The other case before Supreme Court was Muthu Naicker and
others v. State of Tamil Nadu[viii]. Supreme Court held that in
a local community when something unusual occurs, a good
number of people appear on the scene not with a view to
participate in occurrence but as a curious spectators. In such
event mere presence in unlawful assembly should not be treated
that person concerned was a member of unlawful assembly.
COMMON OBJECT
The offence dealing with Group Liability or Vicarious Liability
of members comes under Chapter VIII of the Indian Penal Code.
This chapter deals with offences against Public Tranquillity
from s.141 to s.160. The first section of this chapter s.141 defines
Unlawful Assembly, for which there should be five or more
persons and some common objects for which they have made that
assembly. The section 141 is:
• Section 34 does not create any specific offence but only lays
down the principle of joint criminal liability. Whereas s.149
creates specific offence and being a member of an unlawful
assembly is itself a crime, which is punishable under s.143.
• ‘Common intention’ used in s.34 is not defined anywhere in
IPC, while ‘common object’ in s.149 must be one of the five
ingredients defined in s. 141 of IPC.
• Common intention requires prior meeting of mind and unity
of intention and overt act has been done in furtherance of
the common intention of all. Common object may be formed
without prior meeting of mind when the common object of
the members of the unlawful assembly is one but intention
of participants is different. It only requires that criminal
act has been done in furtherance of common object.
• For invoking s.34 it is sufficient that two or more persons
were involved. However there have to be minimum five
persons to impose s.149.
• The crucial factor of s.34 is ‘participation’ while there is no
need of active participation in s.149 of IPC.
CONCLUSION
BIBLIOGRAPHY
[iv] ibid
[v] AIR 1998 SC 40
[vi] AIR 1925 PC 1
[xii] 1997 Cr LJ 2286
[xiii] Chanda v. State of U.P. AIR 2004 SC 2836 ; the expression
‘in prosecution of common object’ and the word ‘knew’ used in s.
149 were explained.
[xvii] ibid