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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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0% found this document useful (0 votes)
6 views

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.

Uploaded by

zahidburki968
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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.

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