The question (15 marks)
What is an unlawful assembly? Explain the doctrine of common object and distinguish it from common intention. (15 marks)
Standing MU question on unlawful assembly and common object; built on the Unit 9 chapter and the Maina Singh reading.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 9 · Public Tranquillity, Public Servants and Contempt of Lawful Authority of Law of Crimes (Bharatiya Nyaya Sanhita, 2023).
Authorities you will need
- Mizaji v State of UP (1959) - liability under the common-object doctrine extends to offences the members knew to be likely to be committed in prosecution of the object (a pistol used when resistance was met)
- Maina Singh v State of Rajasthan (1976) - constructive liability needs a plurality surviving the verdict; where all named co-accused are acquitted and no unnamed participant is found, the survivor answers only for his own acts
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.