abetment and conspiracy
Conspiracy and Abetment -- A Comparison
&
Aspects of Mens Rea
Joshua Davis Dalus
Roll No: 856
II Semester
NUALS
INTRODUCTION
When several persons take part in the commission of an offence, each one of them may contribute in a manner and degree different from the others to the commission of it. The offence may be committed by the hands of one person at the instigation of another, while some others may only be present for offering help at the time of commission of it, and still others may have illegally omitted to act. The degree of participation in an offence may vary from person to person. It is important, therefore, to mark the nature and degree of participation of each of the persons to determine their degree of culpability. However, several gradations of action do not necessarily imply different measures of guilt with a view to distinctions in punishment. Sections 107- 120B of the Indian Penal Code enumerate the laws against crimes of abetment and conspiracy.
ABETMENT
Abetment means the act of approving, encouraging or supporting a person. This term is used for aiding a crime in Indian Penal Code. Abetment is defined in Section 107 of the Indian Penal Code. A person is said to abet another to do a thing if he instigates him, or engages other persons in any conspiracy to do that thing, or if he intentionally aids to do that thing by any act or illegal omission.
Under the English law, distinction is made between principal who may be of the first or second degree and the accessories before and after the fact. Principal in the first degree is one who commits and actually takes part in the commission of a crime. Principal in the second degree is one who aids or abets the actual commission of crime. Whoever directly or indirectly incites, counsels procures, encourages, or commands any person to commit felonies accessory before the fact if the felony committed in consequence there of such a person if present at the time of
&
Aspects of Mens Rea
Joshua Davis Dalus
Roll No: 856
II Semester
NUALS
INTRODUCTION
When several persons take part in the commission of an offence, each one of them may contribute in a manner and degree different from the others to the commission of it. The offence may be committed by the hands of one person at the instigation of another, while some others may only be present for offering help at the time of commission of it, and still others may have illegally omitted to act. The degree of participation in an offence may vary from person to person. It is important, therefore, to mark the nature and degree of participation of each of the persons to determine their degree of culpability. However, several gradations of action do not necessarily imply different measures of guilt with a view to distinctions in punishment. Sections 107- 120B of the Indian Penal Code enumerate the laws against crimes of abetment and conspiracy.
ABETMENT
Abetment means the act of approving, encouraging or supporting a person. This term is used for aiding a crime in Indian Penal Code. Abetment is defined in Section 107 of the Indian Penal Code. A person is said to abet another to do a thing if he instigates him, or engages other persons in any conspiracy to do that thing, or if he intentionally aids to do that thing by any act or illegal omission.
Under the English law, distinction is made between principal who may be of the first or second degree and the accessories before and after the fact. Principal in the first degree is one who commits and actually takes part in the commission of a crime. Principal in the second degree is one who aids or abets the actual commission of crime. Whoever directly or indirectly incites, counsels procures, encourages, or commands any person to commit felonies accessory before the fact if the felony committed in consequence there of such a person if present at the time of