Incohate offences- incomplete offences
- Abetment- S. 45-60
- Criminal conspiracy- S. 61
- Attempt- S. 62
Abetment
S. 45 What is abetment
Abetment may occur in the following ways
a. By instigation
b. Abetment by conspiracy
c. By intentional aid
a. Inciting another to do a wrongful act.
It includes misrepresentation or concealment of a material- Explanation I
b. essentials–
- Conspiracy b/w 2 or more person
- Act or illegal omission in pursuance of that conspiracy
- Such act or omission must take place in order to the doing of that conspiracy
- Criminal conspiracy defined u/s 61(1)
c. Explanation 2- either prior to the act or at the time of the commission of an act.
S. 46 Who is an Abettor
- Person who abets the doing of a thing (offence)
- Act abetted need not be committed
S. 55 Punishment of Abetment
Abetment of an offence punishable with death or imprisonment for life
I. If offence is not committed
- Either description (rigorous or simple)
- Extend to 7 years
- And liable for fine
II. If hurt to any person is caused
- Either description
- Extend to 14 years
- And fine
Criminal Conspiracy
61(1)- Definition
Essentials
a. b/w 2 or more persons
b. Agreement b/w them
c. Agreement must be to do or cause to be done
- an illegal act
- legal act by illegal means
Bhambadhar Pradhan v. State of Orissa- CC requires two or more persons. One cannot be held liable for
Criminal conspiracy.
State of TN v. Nalini- Rajiv Gandhi Assassination case
Punishment- S. 61(2)
1. For offences punishable with-
a. Death or
b. Life imprisonment or
c. Rigorous imprisonment for a term of 2 years or upward
No express provision for the punishment of such a conspiracy– shall be punished as if he had abetted such
offence
2. Other than mentioned earlier
punishment - either description for a term not exceeding 6 months
Attempt- S. 62
- 4 stages of crime
1. Intention
2. Preparation
3. Attempt
4. Commission, if attempt succeeding
- Mere intention is not punishable, subject to certain provisions (like criminal conspiracy)
- Mere preparation is not punishable, subject to certain provisions (like dacoity)
Attempt in BNS
BNS deals with attempts in the following ways-
1. Commission of an offence and attempt are punishable in the same section
2. Punishment of an offence and attempt is punishable in a separate section e.g. murder
3. No express provision– S. 62
Difference b/w preparation and attempt
Abhay Anand Mishra v. State of Bihar- State of attempt begins when state of preparation ends. It can be decided
through facts and circumstances
Malkiat Singh v. State of Punjab- if an accused has option to change his mind before the actual comission of the
crime- state of preparation
If things goes out of control and he cannot change even if he wishes to change- state of attempt
Punishment- ½ of longest imprisonment of either description with/without fine(as provided for the offence)
Difference b/w Abetment & CC Abetment Criminal conspiracy
Definition S. 45 S. 61
Parties Usually 2, abettor and principal 2 or more parties
offender
Nature of offence Not a substantive offence on its Substantive offence. Mere
own. It requires the act of aiding, agreement is punishable
instigating or conspiring to
commit the offence.
Punishment May not be same as principal All conspirators are liable same
offender punishment
Overt Act Must be an overt act or illegal Mere agreement is sufficient. No
omission overt act is required
