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Is there any
difference between the two. If so, explain. (1999) (2000) (2001) (2003)
(2004/A) (2005/A) (2006/A)
1. Introduction:
Section 34 and section 149 0f P.P.C embodies the rule of constructive liability which
means that a person is liable for the consequences of an act of another person. But
sec. 34 and sec. 149 should not be mixed up together. The rule of common intention
in sec. 34 and common object in sec. 149 are not synonymous in any way and they
have got their distinguishable features.
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 34 for common intention
Section 149 for common object.
3. Common Intention:
(i) Meaning:
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:
Criminal Conspiracy
Q. Define criminal conspiracy discuss its kinds and distinguish it from
abetment.
(2003)(2002)(2002/Annual)(2001)(199)
Q. Define criminal conspiracy what are its different kinds discuss fully.
(2004/S)(2005/A)(2005/S)
1. Introduction:
Conspiracy is one of the forms of abetment and it differs from other offences in this
respect that unlike other offences, the intention to do a criminal act is itself
sufficient no matter whether it is done or not section 120-A and 120-B of P.P.C have
brought the law of conspiracy in the country in line with the English law by making
the overt act unessential when the conspiracy is to commit any offence.
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Constitute An Offence:
The proviso to section 120-A draws a distinction between an agreement to commit
an offence and an agreement of which either the object or the methods employed
are illegal but do not constitute an offence. In the case of former, the criminal
conspiracy is completed by the act of agreement; in the case of the latter, there
must be some act done by one or more of the parties to the agreement to effect
thereof i.e. There must be an overt act.
(IV)Proof Of Criminal Conspiracy:
Conspiracy may be established by direct or indirect evidence such as circumstantial
evidence. Evidence need to be considered together and its cumulative effect to be
weighed and given effect. According to article 23 of Q.S.O, 1984, The act done by
one is admissible against the co-conspirators.
3. Punishment U/Sec 120-B:
(i) Whoever is a party to a criminal conspiracy to commit an offence punishable with
death, imprisonment for a term of two years or upwards, shall where no express
provision is made in the code for the punishment of such conspiracy, be punished in
the same manner as if he had abetted offence.
(ii) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to
commit an offence punishable as aforesaid, shall be punished with imprisonment of
either description for a term not exceeding six months or with fine or with both.
4. Conspiracy To Commit Offences Punishable By Section 121-A:
Whoever within or without Pakistan conspires to:
(i) Commit any of the offence punishable by sec 121 i.e. Waging or attempting to
wage war or abetting waging of war against Pakistan, or
(ii) Deprive Pakistan of the Sovereignty of her territories or any part thereof, or
(iii) Overawe (something more than mere apprehension. It is a situation where one
feels to chose between yielding to force or exposing to serious danger) the federal
Govt. or any Provincial Govt. by means of criminal force or show of it.
He shall be punished with Imprisonment for life or with imprisonment of either
description which may extend to ten years and shall also be liable to fine.
5. Difference Between Criminal Conspiracy And Abetment:
Following are the difference between criminal conspiracy and abetment.
(I) Gist Of Offence:
The gist of the offence of criminal conspiracy is a bare agreement to commit an
offence.
The offence of abetment requires that an act or illegal omission must take place in
pursuance of the conspiracy.
(II) Form:
Abetment is a total complete offence.
Conspiracy is one of the forms of abetment.
(III) Punishment:
Section 109 P.P.C is concerned only with the punishment of abetments for which no
express provision is made under the penal code. A charge u/sec 190, should
therefore be along with some other substantive offence committed in consequence
of abetment.
The offence of criminal conspiracy is an independent offence. It is made punishable
u/sec 120-B.
(IV)Scope:
Abetment by conspiracy is narrow in scope.
Criminal conspiracy is wider in scope.
6.Conclusion:
To conclude, I can say that the offence of criminal conspiracy is a substantive
offence and is punishable as such. It has nothing to do with abetment although it is
one of the ways by which offence of abetment may be committed. It is wider in
scope and covers acts which do not amount to abetment by conspiracy within the
meaning of sec. 107.