The document outlines the legal principles of common intention and unlawful assembly, stating that individuals involved in a common criminal act are equally liable for the offense. It defines common intention as requiring a shared motive, pre-planned actions, and concerted efforts, while unlawful assembly involves five or more persons with a common illegal objective. Punishment for being part of an unlawful assembly can include imprisonment or fines.
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Common Intention
The document outlines the legal principles of common intention and unlawful assembly, stating that individuals involved in a common criminal act are equally liable for the offense. It defines common intention as requiring a shared motive, pre-planned actions, and concerted efforts, while unlawful assembly involves five or more persons with a common illegal objective. Punishment for being part of an unlawful assembly can include imprisonment or fines.
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Common Intention
34. Acts done by several persons In furtherance
of common intention.
When a criminal act is done by several persons, in furtherance of the
common intention of all, each such person is liable for that act in the same manner as if it were done by him alone. • 1991 PLD SC 923
Necessary elements of common intention
• Common motive • pre planned preparation • concert persuant of such plan • where an offence is going to be done with common intention, if in doing that act, if any another offence committed by any one of the offender all held liable..... • PLD 1996 SC 122 Common Object • 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object: • 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. Unlawful ssembly • 141. Unlawful assembly: • An assembly of five or more persons is designated an "unlawful assembly" if the common object of the persons composing that assembly is:- • First: To overawe by criminal force, or show of criminal force, the Federal or any Provincial Government or Legislature, or any public servant in the exercise of the lawful power of such public servant; or • Second: To resist the execution of any law, or of any legal process, or • Third: To commit any mischief or criminal trespass, or other offence; or • Fourth: By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or • Fifth: By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. • Explanation: An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. Punishment • 143. Punishment: • Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.