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Law Notes On – Principle Of Constructive Liability – For W.B.C.S. Examination.
The general rule of criminal liability is that it primarily attaches to the person who actually commits an offence and it is only such person that can be held guilty and punished for the offence.Continue Reading Law Notes On – Principle Of Constructive Liability – For W.B.C.S. Examination.
But according to S.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. S. 34 is intended to meet a case in which it may be difficult to distinguish between the acts of individual member of a party who acts in furtherance of common intention of all or to prove exactly what part was played by each of them.
The principle underlying in this section is participation in some action with the common intention of committing a crime. Once such participation is established, this section is at once attached. Relevant Provisions: Ss. 34 and 149 of P.P.C.
According to NLR 1980 Criminal 517: According to that Common intention within the meaning of S. 34 implies a pre-arranged plan. Accordingly Black’s Law Dictionary defines intention as under:
“Intention. Determination to act in a certain way or to do a certain thing. Meaning, will; purpose, design. ‘Intention,” when used with reference to the construction of wills and other documents means the sense and meaning of it; as gathered from the words and used therein. When used with reference to civil and criminal responsibility, a person who contemplates any result, as not likely to follow from a deliberate act of his own, may be said to intend that result, whether he desires it or not.
According to S. 34 of Pakistan Penal Code defines the legal term as under:
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 of such person is liable for that act in the same manner as if it were done by him alone.
Principles:
S.34 P.P.C. embodies the principle that if two or more persons intentionally do a thing jointly, it is just the same as if each of them had done it individually as the purpose is so much is the responsibility. This section deals with the doing of separate acts, similar or diverse, by several person if all are done in furtherance of common intention, each person is liable for the result of them all, as if he had done them himself.
1. Commission of a Criminal Act.
According to the composition of this section there is essential that a criminal act must be done. Criminal act is commonly known as that act which is prohibited by law and is carried out in violation of the limits prescribed by law is a criminal act.
2. Furtherance of Common Intention:
It is essential that the act done by several persons should be in furtherance of common intention of all the persons involved. It may be happened even at the single moment or during the commission of an offence. If it is prove that what the several accused did are clearly individual acts ‘done of there own accord rather than etc. done in furtherance of a pre-arranged plan or arrangement, the liability of each accused can be in respect of his own individual act and not under S. 34 P.P.C. To constitution common intention it is very necessary that the intention of each one of them be known to rest of them and shared by them.
3. Offence by several persons:
The criminal act must be done by several persons. Common intention is the prearranged plan of several persons. The S.34 is only applied when accused is more than one.
4. Principle of joint liability:
34 does not create any distinct offence but nearly lays down principle of joint liability.
5. Vicarious liability:
Essence or liability envisaged under S. 34 lies in the existence of common intention and to attract it the criminal act complained of as to be shown to have been done by are accused and furtherance and common mention for all.
6. Offline to which S.34 may he applicable:
The following of fences can he committed by several persons acting together in furtherance of a common interior.
(a) The offence of criminal misappropriation.
(b) Criminal breach of trust.
(c) The offence of cheating.
(d) S. 34 can legally he applied to conviction on under the second part of S30X (old).
(e) Offence of murder.
(f) Offence of robbery and dacoit.
(g) Offence of larger
(h) Offence of lurking house-trespass.
(i) Offences of murder and abduct on.
(j) Case of assault etc.
7. The scope of S.34:
(‘motion intention within the meaning of S. 34 P.PC. implies a pre-arranged plan, hut it may develop in the course to transaction constituting the offence and may he gathered from the number and nature if injuries. Existence of common intention is a question of fact. It does not mean similar persons.
To convict an accused of an • .9CC applying the section, it should he. Proved that the criminal act was done in concert pursuant to the pre-arranged plan. in most cases the intention is to he in lord from his act or. conduct or other relevant circumstances.
To constitute common intention is accessory that the intentions of .jail one of them -c known to the rest of them and shared -v them .
This section is nice to meet assess in which it may he difficult to dsuieish between the acts of individual members •f a in to prove exactly what part WS taken by each of then in furtherance of the common intention of nil. The reason will\ all are guilty iii such case is that t he prince of accomplices gives encouragement support and protection to the person actually committing an act. All are guilty of the principle offence and not of abetment.
Constructive Liability:
The phrase constructive liability means and connotes the sense that a person is liable in law for the consequences of an act of another even though he has not done it himself. The principles that under certain circumstances though a person did not directly contribute anything towards the commission of a certain offence, in law he shall be equated with the actual and principal offender so far as the legal liability is concerned.
Constructive Liability Arise:
Constructive liability under the Code may arise in three well-defined cases. A person may be constructively liable for an offence, which he did not actually commit by reason of
1. the common intention of all commit such an offence. (S.34)
2. his being a member of a conspiracy to commit such an offence. (S.121-A)
3. his being a member of an unlawful A assembly the members whereof knew that an offence was likely to be committed.
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