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Common Intention

Section 34 of the Pakistan Penal Code deals with common intention or joint liability. It states that if a criminal act is committed by several persons in furtherance of a common intention, each person can be held liable as if they committed the act alone. [1] For Section 34 to apply, the criminal act must be done by multiple people with the common intention of furthering the act. [2] Common intention can be inferred from circumstances and need not be proven directly, and can develop spontaneously rather than requiring pre-planning. [3] Section 149 deals with vicarious liability for unlawful assemblies rather than common intention, and requires membership of an assembly rather than participation in the criminal act.

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245 views4 pages

Common Intention

Section 34 of the Pakistan Penal Code deals with common intention or joint liability. It states that if a criminal act is committed by several persons in furtherance of a common intention, each person can be held liable as if they committed the act alone. [1] For Section 34 to apply, the criminal act must be done by multiple people with the common intention of furthering the act. [2] Common intention can be inferred from circumstances and need not be proven directly, and can develop spontaneously rather than requiring pre-planning. [3] Section 149 deals with vicarious liability for unlawful assemblies rather than common intention, and requires membership of an assembly rather than participation in the criminal act.

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Ammam Junaid
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Latest Notes Dated 01.12.

2021 Prepared by
Former Justice Hasnat Ahmad Khan

COMMON INTENTION

Q: (a) Define and explain principles of common intention as enshrined U/s 34,
PPC

(b) Draw distinction between provisions of Section 34, PPC and Section 149,
PPC.

Ans: Principles of common intention/constructive liability have been provided


U/s 34 of PPC which says that when a criminal act is done by several persons
in furtherance of common intention of all, each of said persons would be liable
for that act in the same manner as if it was done by him alone.

APPLICABILITY

Sec-34, PPC is attracted when all the persons involved in any crime have
common intention and the alleged act is committed by them in furtherance of
the common intention. It can be said that Sec. 34 embodies rule of constructive
liability for an act done in order to prosecute common intention of all.

SCOPE

This section deals with the doing of separate Acts, similar or diverse, by
several persons; if all are done in furtherance of a common intention, each
person is liable for the result of all of them as if he had done them himself. In
other words this section deals with joint or constructive liability of offenders
where they Act in furtherance of common intention. Section 34, PPC merely
indicates the principles of joint liability. It neither creates any distinct offence
not does it amount to an offence by its own force.

This section is intended to meet cases in which it may be difficult to


distinguish between Acts of individual members of a party or to prove exactly
what part was played by each of them in furtherance of the common intention
of all. The reason why all are guilty in such case is that the presence of
accomplices gives encouragement, support and protection to the person
actually committing an act.

No doubt, S.34, P.P.C., embodied common sense principle, that if


two or more persons intentionally did a thing jointly, it was just the same
as if each of them had done individually, but at the same time, the
prosecution was also bound to prove the overt act on the part of each
accused done in furtherance of common intention (2016 PCr.LJ Note
30)
INGREDIENTS OF THE SECTION

Section 34 Becomes Applicable Only When

i. a criminal act is done;


ii. by several persons;
iii. in furtherance of common intention of all.
(i) Criminal Act: Every act which is done is not a criminal act. Only that
act which is prohibited by law and is carried out in violation of the
limits prescribed by law is a criminal act. Thus where it was found
that the accused party had not gone for assaulting but had gone to
protect their own rights, it was held that they were not liable U/s 34
PPC.
(ii) By Several Persons: One of the ingredients of this section is that the
act is done by several persons. It means that act is to be done by
persons more than one, as in case of single accused there is no
question of joint liability or of common intention. It may be more than
five in which case the assembly would automatically become unlawful
assembly and Sec-149 PPC would come into play.
(iii) In Furtherance of Common Intention: For bringing the offence U/s
34 PPC, it is necessary that the act done by several persons should be
proved to have been committed in furtherance of common intention of
all the persons involved.
Mere presence of an accused at the place of incident with a co-
accused who commits the offence may not be sufficient to apply Sec-
34, PPC but there should be strong circumstances showing the
common intention (2015 YLR 2322 & PLJ 1978 S.C 429).

Example: One of the several persons who were armed with weapons
did not cause any injury to the deceased but caused an injury to an injured
PW. He would be liable to be convicted U/s 302 read with Sec-34 PPC.

GENERAL PRINCIPLES

To constitute common intention it is necessary that intention of each one


of the accused is known to the rest of them and shared by them all. Person
who is not aware of the intention of his companion to commit the crime is not
liable though aforesaid companion did indulge in an unlawful act. (PLD 1964
S.C 177)

General principle is that those who stand together must fall together
(2015 S.L.R 516).
Sections 34 & 149 PPC are exception to the general principle of law of
conviction, which insisted that no one else would be responsible for the act, or
consequences except the one who did the act (2015 PCr L.J 758).

HOW COMMON INTENTION CAN BE GATHERED

The common intention can usually be inferred from motive, pre-concert


and pre-arrangement which ordinarily cannot be proved by direct evidence.
Common intention can be gathered from the facts disclosed in the evidence
and surrounding circumstance (PLJ 1996 S.C 746).

As a matter of fact common intention is a question of fact which can be


ascertained on the basis of the acts and conduct of the accused, ferocity of the
attack, the weapon used by the accused, the number and seat of injuries, the
number of blows coupled with the element of prior consultation of mind.

PROOF

Strict proof of common intention of concerned persons is normally not


possible but same can be gathered from set of circumstances brought forth in
every case.

Intention is a state of mind which is difficult to prove by direct evidence and


can only be inferred from attending circumstance of the crime.

COMMON INTENTION CAN DEVELOP AT THE SPUR OF MOMENT

Pre-planning is not always necessary for attracting Sec-34, PPC.


Common intention may develop at the spur of moment or during the
commission of the offence. Conversely it can also undergo a change and
disappear at spur of moment or in course of the transaction.

FREE FIGHT

In cases of free fight provisions of Sec-34, PPC would not come into play
and each of the accused would be held guilty and sentenced according to his
own individual role.

DISTINCTION BETWEEN SECTIONS 34 & 149 PPC

The distinguishing feature of Sec-34, PPC is the element of participation


in action whereas the membership of the assembly at the time of commission
of the offence is important element U/s 149 PPC.
SALIENT FEATURES OF DISTINCTION

Section 34 Section 149


1. It merely indicates principle of It also creates rule of vicarious liability
criminal liability and does not and does not create a distinct offence.
create a distinct offence.

2. Common intention pre- Being a member of unlawful assembly


supposes pre-arranged plan. having common object one becomes
liable.

3. When criminal act is done by Sec.149 applies when there is


two or more persons with unlawful assembly of five or more
common intention, S.34 comes persons with some common object and
into play. some offence is committed.

4. In furtherance of common Membership of the unlawful assembly


intention, all the accused at the time of commission of offence is
must be present on the spot important element U/s 149, PPC.
and all of them must
participate in the crime.

5. Common intention can develop Similarly, a lawful assembly can turn


even at spur of moment. into an unlawful one attracting S.149
PPC.

6. Act committed in pursuance of Mere knowledge of the members of the


common intention attracts unlawful assembly about likelihood of
S.34. commission of offence in prosecution
of the common object can also attract
S.149, PPC.

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