Wednesday, May 29, 2024

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IPCMODEL ANSWER

COMMON INTENTION & OBJECT

Discuss the difference between Common Intention and Common Object

Common Intention vs. Common Object
๏‚งSection 34 of Indian Penal Code, 1860, deals with the provisions of Common Intention.
Whereas, section 149 of Indian Penal Code, 1860, deals with the provisions of Common Object.

๏‚งAccording to the provisions of Section 34 of Indian Penal Code, 1860, Common Intention includes Common Object
Whereas, according to the provisions of Section 149 of Indian Penal Code, 1860, Common Object does not include Common Intention.

๏‚งAccording to our Indian Legal System, section 34 of Indian Penal Code, 1860, which deals with doctrine of Common Intention is a rule of evidence
Whereas, section 149 of Indian Penal Code, 1860, which deals with the doctrine of Common Object is considered as a Substantive Offence because of it prescribes punishment.

๏‚งAccording to section 34 of Indian Penal Code, 1860, to held all the offenders liable, the prosecution has to prove the active participation of all the offenders. It means that according to section 34 of Indian Penal Code, 1860, there must be active participation of all the offenders
Whereas, according to section 149 of Indian Penal Code, 1860, the prosecution has to prove mere membership to held the offender liable. So, basically it means that under section 149 of Indian Penal Code, 1860, mere membership is required.

๏‚งAccording to section 34 of Indian Penal Code, 1860, there must be two or more members and all the members must commit an act in furtherance of common intention of all
Whereas, according to section 149 of Indian Penal Code, 1860, it is necessary that there must be five or more members. If there are less than five members then this section cannot be invoked.

๏‚งAccording to our Indian Justice Delivery System, high burden of proof is required under section 34 of Indian Penal Code, 1860
Whereas, under section 149 of Indian Penal Code, 1860, burden of proof is not so strict. Here, the required burden of proof is very less as compare to burden of proof required under section 34 of Indian Penal Code, 1860 because here, the prosecution has to prove only membership.

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