Are you familiar with the legal terms “common intention” and “common object,” but find yourself struggling to differentiate between the two?
Common Intention is a shared understanding among individuals to commit a specific criminal act together, contributing with a common purpose or objective. While a common object is a shared objective among individuals involved in an unlawful assembly, where each person is accountable for the actions of others in furtherance of the shared objective.
Common Intention vs. Common Object
| Common Intention | Common Object |
|---|---|
| Common intention refers to a shared mental state among individuals to commit a particular crime, where each person actively participates in the criminal act. | Common object refers to a shared goal or objective among individuals who are part of an unlawful assembly, where they collectively pursue a common unlawful purpose. |
| It focuses on the mental element of shared intent to commit a specific crime, emphasizing the active participation and involvement of each individual in the criminal act. | It focuses on the collective pursuit of an unlawful purpose by a group or assembly of individuals, regardless of the specific roles or actions of each person. |
| Common intention is commonly applied in situations where two or more individuals collaborate and actively engage in a criminal act with a shared intent, such as a planned robbery or murder. | Common object is often applied in cases involving unlawful assemblies, riots, or mob violence, where a group of individuals shares a common purpose that is prohibited by law. |
| It requires evidence demonstrating the shared mental state and active participation of each person in the commission of the crime, typically relying on direct or circumstantial evidence. | It requires evidence indicating the collective pursuit of an unlawful purpose by the assembly or group, showing their joint participation and involvement in achieving the prohibited objective. |
| In common intention, each individual is liable for the specific crime committed, regardless of their individual actions or roles, as long as they shared the intent and actively participated. | In common objects, individuals involved in an unlawful assembly are collectively liable for the actions and consequences arising from the common pursuit of the unlawful purpose, irrespective of their specific roles or actions. |
| It involves individual culpability based on active participation and shared intent, focusing on the mental state and conduct of each person involved in the crime. | It primarily considers the collective responsibility of the assembly or group, focusing on the shared objective and actions of the entire group rather than individual acts or intent. |
What is Common Intention?
Common Intention is a legal concept that signifies the joint participation and shared responsibility of individuals involved in the commission of a crime. It requires a mutual understanding or agreement among the participants to commit a specific criminal act together.
Under common intention, each person is deemed liable for the consequences of the criminal act, regardless of whether they directly performed the act or were present at the scene. The shared intention or agreement to commit the crime establishes the collective culpability of the individuals involved, holding them accountable for their joint criminal conduct.
What is Common Object?
Common Object refers to a shared objective or purpose among a group of individuals who are part of an unlawful assembly. It signifies that the individuals have come together with a common intention to achieve a particular goal, which may involve the commission of criminal acts.
According to legal principles, each person involved in the unlawful assembly can be held responsible for the actions of others if those actions are done in pursuit of the common objective. This concept helps establish joint liability and accountability for the unlawful activities carried out during the assembly.
Examples of Common Intention and Common Object
Examples of Common Intention:
- A group of individuals planning and executing a bank robbery together, with each person assigned specific roles and responsibilities.
- Two friends conspired to commit fraud by creating false documents and deceiving others for financial gain.
- A gang of individuals collaborating to engage in drug trafficking, with each member playing a distinct role in the operation.
- A group of protestors organizing and carrying out acts of vandalism during a demonstration, intending to cause damage to property.
Examples of Common Objects:
- A mob gathering with the objective of forcefully evicting residents from a particular neighborhood.
- A group of individuals assembled to disrupt a public event or gathering, aiming to create chaos and disorder.
- An unlawful assembly forming with the shared goal of attacking and causing harm to a specific group or individual.
- A group of people coming together to incite violence during a political rally or protest, with the aim of destabilizing the situation.
Pros and cons of using each
Pros of Using Common Intention and Common Object:
- Enhanced accountability and deterrence.
- Effective prosecution and fair distribution of blame.
- Collective responsibility and maintenance of law and order.
- Safeguarding public interest and dissuasion from unlawful activities.
Cons of Using Common Intention and Common Object:
- Potential for unfair attribution and wrongful implication.
- Difficulties in establishing intent.
- Potential for misuse by authorities.
Key differences between Common Intention and Common Object
Common Intention:
- Focus: Common intention pertains to a shared understanding or agreement among individuals to commit a specific criminal act together.
- Liability: All individuals involved in the common intention are held equally responsible for the criminal act, regardless of their individual actions.
Common Object:
- Focus: Common object refers to a shared objective or goal among individuals involved in an unlawful assembly.
- Liability: Each person in the unlawful assembly is held responsible for the actions of others if those actions are in furtherance of the common object.
- Difference between Complaint and FIR
- Difference between FDI and FPI
- Difference between Interpretation and Construction
Conclusion
Common intention focuses on the shared understanding and joint participation in a specific criminal act, holding all individuals equally accountable. Common object, on the other hand, centers around the shared objective of an unlawful assembly, attributing liability to each participant for the actions of others in furtherance of that objective. These concepts help ensure collective accountability and promote the fair administration of justice.
