CONSPIRACY / COMMON INTENTION / COMMON OBJECT

DIFFERENCE BETWEEN CONSPIRACY / COMMON INTENTION / COMMON OBJECT /ABETMENT IN BNS

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DIFFERENCE BETWEEN CONSPIRACY / COMMON INTENTION / COMMON OBJECT /ABETMENT IN BNS

Aspect	Criminal Conspiracy (S.61 BNS)	Common Intention (S.3(5) BNS)	Common Object / Unlawful Assembly Liability (S.190 BNS)	Abetment (Ss.45–60 BNS)
Nature	Substantive offence: the agreement itself (with the requisite object) is criminal.	Rule of joint liability; not a standalone offence. Fixes each participant with liability for the “criminal act” done in furtherance of their shared intention.	Vicarious liability arising from membership of an unlawful assembly when any member commits an offence in prosecution of its common object (or one likely thereto).	A distinct cluster of offences covering instigation, conspiracy (as a mode of abetment), or intentional aiding of an offence.
Minimum persons	2 or more persons must agree.	“Several persons” ⇒ 2 or more.	Requires an unlawful assembly (generally 5 or more persons) + a common object; liability under S.190 attaches to all members when one member commits the offence in prosecution of the common object / likely thereto.	Can be one abettor plus principal; some provisions address abetment of the public/large class.
Core requirement (actus + mens rea)	An agreement with a common object to do an illegal act or a lawful act by illegal means. For non-offensive objects, an overt act in pursuance is required.	A criminal act done by several persons in furtherance of the common intention of all. The intention may form on the spot; each is liable “as if he alone did it.”	(i) Accused is a member of an unlawful assembly; (ii) Offence committed by any member in prosecution of the common object or such as members knew to be likely; (iii) Liability extends to every member present.	Any of: instigates, or conspires (with some act/illegal omission in pursuance), or intentionally aids by act/illegal omission. Multiple specific liability rules + punishments (Ss.49–60).
Overt act by the accused required?	Not required when the agreement is to commit an offence; required for other objects (non-offence).	Not necessary that each does a distinct overt act; participation in the joint criminal act in furtherance of the shared intention suffices.	Individual overt act not required; membership at the time + common object/knowledge is enough for S.190 liability (separate riot/assembly offences may also apply).	Depends on the mode: instigation can be by words/signs; abetment-by-conspiracy needs an act/illegal omission in pursuance; intentional aid is, by nature, an act/omission.
Stage at which liability arises	At the agreement (for offence-object conspiracies); otherwise when any act in pursuance is done.	Only when the criminal act is done in furtherance of the common intention.	When the offence is committed by any member in prosecution of the common object or one likely to be committed, every member becomes guilty of that offence.	On instigation/aid itself; separate provisions cover situations when the offence is or is not committed (with calibrated punishments).
Physical presence at the crime scene	Not necessary.	Generally, participation in the joint act; presence is typical, though not always an individual overt act.	Yes—membership/presence as part of the unlawful assembly at the relevant time.	Not necessary (law deems even an absent abettor liable in some cases).
Scope of vicarious liability	Conspirator is liable for the conspiracy and, where applicable, for offences done in pursuance, depending on proof. Punishment tracks abetment for serious objects.	Each is liable for the entire criminal act done in furtherance of the common intention.	Sweeping: every member becomes guilty of the substantive offence so committed/likely known.	Liability tailored by statute: same punishment as principal where no express provision; altered-intention, different act, cumulative liability, different effect, higher slabs when offence not committed, concealment offences, etc.
Punishment	(i) Conspiracy to commit offence punishable with death/life/≥2-yr RI: punished as if abetting that offence (where no express provision). (ii) Other conspiracies: up to 6 months or fine or both.	No separate sentence; each gets the punishment of the underlying offence.	Punishment of the very offence committed by any member; plus separate offences like unlawful assembly/rioting may also attract additional punishment.	Granular: same as principal (if committed and no special provision), reduced or proportionate terms when not committed, enhanced terms for grave objects, concealment offences, etc.
Illustrative hallmarks	Pre-planning; secrecy; divided roles; preparatory meetings or calls; procurement of tools with a shared illegal object.	Concert of action; coordinated conduct during the incident; choice of weapons/targets indicating shared intention.	Numbers (5+), formation with a common object, collective movement/arming; the actual offence matches the object or was likely to members.	Provocative exhortations; providing tools/transport/shelter; lookout duties; deliberate omissions where duty exists (e.g., police not preventing offence).
Relationship to others on this list	Distinct from abetment though overlaps: conspiracy is both a standalone offence (S.61) and a mode of abetment.	A doctrinal glue for joint acts; different from conspiracy (which can exist without execution).	Applies only where an unlawful assembly exists; broader than common intention because even non-actors in the specific sub-act are liable.	Can attach whether or not the offence is ultimately committed, with different punishment slabs; distinct from conspiracy (standalone) and from joint liability doctrines.