New Delhi: – Read and comment the answer written by Judicial Service Main Exam Test Series Test 2 Adv. Udit Pamar , Judicial Service Aspirants written on abetment and criminal conspiracy.
QUESTION : Explain the difference between abetment and criminal conspiracy [Difference between Abetment and Criminal conspiracy. ] [(300 word) 10 Marks.]
ANSWER : – In Chapter 5 of the Indian Penal Code 1860, Abetment and in Chapter 5-A, Criminal Conspiracy is told.
Abetment of thing
A person abets the doing of a thing , who
First – Instigates any person to do thing ; or
Secondary – Engages with one or more other person or person in any conspiracy for the doing of that thing if an egg for illegal omissions takes place in pursuance of that conspiracy , and in order to the doing of that thing; or
Thirdly – Intentionally aids, by any act or illegal or missions that doing of that thing.
Indian Penal Code 1860 Definition of Criminal Conspiracy
⇒ Two or more people
⇒ Any illegal act or
⇒ Any action that is not legal
If such consent is done by illegal means then such consent is called criminal conspiracy but no consent (except consent to commit an offense) shall be criminal conspiracy unless an act is done by one or more parties of consent in pursuance thereof.
- Difference between Abetment and Criminal Conspiracy
There are the following differences between abetment and criminal conspiracy;
- Criminal conspiracy is a form of abetment Whereas the offense of abetment is by abetment, conspiracy, or help in the methods mentioned in section 107 Criminal conspiracy is one of them.
- The offense of criminal conspiracy is made out of committing any act, whereas in abetment the agreement does not constitute a mere offense unless any act / omission has been done in pursuance of such agreement.
- Consent is not sufficient for a conspiracy under Section 107 (1) Any act or illegal omission must be in pursuance of the conspiracy (2) The conspiracy should be for the purpose of editing the object .
- Consent under Section 120 Criminal Conspiracy is sufficient if it is for the purpose of committing an offense while Consent is sufficient under Criminal Conspiracy. Criminal conspiracy is equivalent to abetment under Section 107 where the assistance of the provisions of Section 120A / 120B is taken. Is necessary because specific provisions have been made in the Code to punish such conspiracies
- In relation to abetment through conspiracy, abetment from sections 108 to 117 is punishable under various circumstances while criminal conviction of section 120A criminal conspiracy is punishable under section 120B.
- Abetment is not a fundamental offense in itself whereas criminal conspiracy is itself a fundamental offense and is punishable.