SECTION 34 PAKISTAN PENAL CODE 1860(URDU/HINDI)LAW LECTURE COMMON INTENTION_ADV WAQAR UL HASSAN.

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Section 34 of Pakistan Penal Code-PPC | 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

“ common intention within the meaning of section 34 implies a pre-arranged plan. (NLR 1980 criminal 517)”
(ii) Common Intention U/ SEC 34:
When a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable for that act in the same manner as if it were done by him alone.
Ingredients Of SEC. 34:
Following are the ingredients of sec. 34.
(i) Criminal Act:
There must be some criminal act to invoke sec. 34 criminal act is one which is prohibited by law and is carried out in violation of the limits prescribed by law. The act contemplated by sec. 34 is some physical act and merely a mental act.
(ii) By Several Persons:
The criminal act must be done by several persons. It means that sec. 34 will apply only is cases where the accused is more than one.
(iii) In Furtherance Of Common Intention:
It is necessary that the act done by several persons should be in furtherance of common intention of all the persons involved. It may be develop even at the spur of the moment or during the commission of an offence. If it is prove that what the several accused did are clearly individual acts done of their own accord rather than acts done in furtherance of a prearranged plan or arrangement, the liability of each and not under section 34 P.P.C.
(IV) Scope Of Sec.34:
Section 34 of the P.P.C is intended to meet a case in which it may be difficult to distinguish between the acts of individual members of a party who act in furtherance of the common intention of all. It dose not create a distinct offence but merely enunciates a principal of joint liability for act dene in furtherance of common intention of the offenders.(PLD 1983S. C35)
(V) Proof Of Common Intention:Strict proof of common intention of concerned persons is normally not possible but the same can be conveniently gathered from set of circumstances brought forth in every case(1998SCMR2146)(ii) Unlawful Assembly:
According to section 141 P.P.C an assembly of five or more persons is designated an unlawful assembly, if the common object of the persons composing that assembly is unlawful.
(iii) Membership of Unlawful Assembly:
To invoke the provision of sec. 149 membership of unlawful assembly is necessary. Proof of specifics overt act on the part of every member is not necessary. It is sufficient to prove that the accused persons shared the common object of the unlawful assembly.
(iv) In Prosecution Of Common Object:
Some offence must be Committed by any member of unlawful assembly in prosecution of common object of that assembly. The common objects of the unlawful assembly has to be inferred from the membership, the weapons used and the nature of injuries as well as other surrounding circumstances.
(v) Knowledge of likelihood of offence being committed:
The member of unlawful assembly are also liable where the offence was such as the members of the assembly knew to be likely to be committed in prosecution of that object.
4. Common Object U/Sec 149:
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.
Ingredients Of Sec149:
(i) Offence is committed:
“The word offence is defined in sect 40 of P.P.C as a thing made punishable by P.P.C.” To invoke Sec 149, an offence has to be committed.
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Ma sha Allah, Nice video. It is very comprehensive and easy to understand. maen ne bhi ek video banai hy PPC Section 21 pe, ap zaroor dekhiey ga.

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Sir mry czn py 34 or 302 lgi h koi hl bty please

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