Published on: 05 October 2022 at 10:42 IST
Court- Supreme Court of India
Citation – Charan Singh v. State of UP (2004) 4 SCC 205
Hon’ble Supreme Court of India has defined that ‘common object’ is different from a ‘common intention’ as it does not require a prior concert and a common meeting of minds before the attack.
It is held that for Section 141 of Indian Penal Code, 1860, the ‘common object’ of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances. It is held that Section 141 has states that an assembly which was not unlawful when it was assembled, may subsequently become unlawful.
Para –14
‘Common object’ is different from a ‘common intention’ as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object.
The ‘common object’ of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances. It may be gathered from the course of conduct adopted by the members of the assembly.
What the common object of the unlawful assembly is at a particular stage of the incident is essentially a question of fact to be determined, keeping in view the nature of the assembly, the arms carried by the members, and the behaviour of the members at or near the scene of the incident.
It is not necessary under law that in all cases of unlawful assembly, with an unlawful common object, the same must be translated into action or be successful. Under the Explanation to Section 141, an assembly which was not unlawful when it was assembled, may subsequently become unlawful. It is not necessary that the intention or the purpose, which is necessary to render an assembly an unlawful one comes into existence at the outset.
The time of forming an unlawful intent is not material. An assembly which, at its commencement or even for some time thereafter, is lawful, may subsequently become unlawful. In other words it can develop during the course of incident at the “spot eo instanti”.
Drafted by – Abhijit Mishra
Key Words – Unlawful Assembly, Overt Act, Meeting of Minds, Common Object.