Joint Criminal Liability: The Doctrine Of Common Intention And Common Object
- IJLLR Journal
- 4 minutes ago
- 1 min read
Abhinav Pal, B.A.LL.B.(Hons.), Faculty of Law, University of Allahabad, Prayagraj
ABSTRACT
The traditional principle of individual criminal liability holds that a person is responsible only for offences personally committed by him. However, a complex issue arises when crimes are perpetrated by multiple individuals acting collectively. The Bharatiya Nyaya Sanhita (BNS), through Sections 3(5) and 190, addresses this challenge by incorporating the doctrines of common intention and common object, thereby extending joint criminal liability to participants in group offences. This article critically examines these two foundational doctrines, analysing their conceptual framework, essential ingredients, and judicial interpretation. It explores how common intention requires a prior meeting of minds and active participation, even if in the slightest manner, while common object is premised on membership in an unlawful assembly and the knowledge of the likelihood of the offence being committed. Through an examination of leading judicial precedents, the paper highlights the evidentiary standards, the role of circumstantial inference, and the nuanced distinctions between the two doctrines. By comparatively analysing their scope, basis of liability, and practical application, the article highlights the importance of these provisions in ensuring accountability in cases of collective criminality while safeguarding against unjust attribution of guilt.
Keywords: Joint Criminal Liability, Common Intention, Common Object, Unlawful Assembly, Constructive Liability, Bharatiya Nyaya Sanhita
