What is common object?
If an offense
is committed by any member of an unlawful assembly in prosecution of the common the object 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 offense is
a member of the same assembly is guilty of that offense.
Whether the object is in their minds when they come together or whether it occurs to them afterward is not material what is necessary is that they should all be aware of it and concur in it.
Sec.149 of
P.P.C deals with the constructive liability of the members of an unlawful
assembly for the offense that has been committed by one or more of the members of
the assembly. Sec.149 is merely an enabling provision and does not provide a
substantive offense.
The main
ingredient of the common object is a member of unlawful assembly.
To understand
who is a member of unlawful assembly it is essential, first to understand what is
“Unlawful Assembly”.
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:
1. To overawe by criminal force or show
of criminal force, the Federal or Provincial Government or Legislature or any
public servant, or
2. To resist the execution of any law,
or of any legal process, or
3. To commit any mischief or criminal
trespass or other offense, or
4. 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 the right of way or of which he is in
possession or, enjoyment or to enforce any right or supposed right, or
5. 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.
No doubt a common object can be formed at the
spur of the moment, the liability of each member depends on the intention or knowledge
of the other members.
An assembly
may become unlawful at some stage after the time of assembly.
Prosecution to
prove that all the persons had done or been committing some overt act in the prosecution
of the common object of unlawful assembly, a mere presence not sufficient.
Assembly may
become unlawful but it will have to prove a circumstance applicable to all
persons assembled which influenced them.
WHO IS A MEMBER OF THE UNLAWFUL ASSEMBLY?
Whoever
intentionally joins unlawful assembly renders an assembly an unlawful assembly
is said to be a member of unlawful assembly.