Difference Between Abetment and Criminal Conspiracy
Difference Between Abetment and Criminal Conspiracy
Detailed Explanation with Case Laws
Introduction:
Both abetment and criminal conspiracy are criminal offenses recognized under the Indian Penal Code (IPC). They deal with involvement in the commission of crimes but differ fundamentally in their nature, elements, and the degree of participation.
Definitions:
Abetment (Section 107 IPC):
Abetment means instigating, engaging in a conspiracy, or intentionally aiding the commission of an offense by another person.
Criminal Conspiracy (Section 120A and 120B IPC):
Criminal conspiracy is an agreement between two or more persons to commit an illegal act or a legal act by illegal means.
Key Differences:
| Aspect | Abetment | Criminal Conspiracy |
|---|---|---|
| Nature | Involves instigation or assistance in commission of a crime by one person to another | Involves an agreement between two or more persons to commit a crime |
| Number of persons involved | Can be by a single person who abets the offense | Requires two or more persons who agree to commit a crime |
| Essence | Helping, encouraging, or instigating the crime | Agreement or meeting of minds to commit the crime |
| Stage of Crime | Occurs immediately before or during commission of the offense | Exists at the planning stage, before the offense is committed |
| Offense | Abets a crime committed by another person | The conspiracy itself is a separate offense, regardless of whether the crime is committed |
| Proof required | Proof of instigation or active support to the principal offender | Proof of an agreement and intent to commit the crime |
| Punishment | Punishable with the same punishment as the offense abetted (Section 109 IPC) | Punishment depends on the offense conspired; can be separate (Section 120B IPC) |
| Liability | Abettor is liable only if the principal offense is committed (except when abetment itself is penalized) | Liability arises on agreement itself, even if offense is not committed |
Elements of Abetment (Section 107 IPC):
Instigation: Inciting someone to commit a crime.
Conspiracy: Engaging with others to commit a crime.
Intentional Aid: Intentionally aiding the commission of a crime.
The abettor must have intention or knowledge that his actions will assist the commission of the crime.
Elements of Criminal Conspiracy (Section 120A IPC):
Agreement between two or more persons.
To commit an illegal act or a legal act by illegal means.
The intention behind the agreement is to commit the crime.
Note: The crime of conspiracy is complete as soon as the agreement is made.
Case Laws Explaining the Difference:
1. K.M. Nanavati v. State of Maharashtra (1962)
The Supreme Court distinguished between abetment and conspiracy, emphasizing that conspiracy requires an agreement, whereas abetment is instigation or aid without a necessary agreement.
2. Pandurang v. State of Hyderabad (1955)
Held that conspiracy involves a meeting of minds; mere acts of abetment do not constitute conspiracy.
3. R.V. Dattatreya v. State of Maharashtra (1963)
Clarified that abetment requires some act done to encourage or aid the commission of the crime by the principal offender.
4. Jugal Kishore v. State of UP (1964)
Differentiated abetment from conspiracy stating that conspiracy is an offense in itself; abetment depends on commission of the substantive offense.
5. State of Punjab v. Joginder Singh (1994)
Explained that conspiracy may exist even if no act is done toward commission of the offense, but abetment involves actual incitement or assistance.
Illustration to Understand Difference:
Abetment: A person encourages someone else to commit theft by instigating or helping them. If the theft occurs, the abettor is equally liable. If the theft does not occur, generally no abetment.
Criminal Conspiracy: Two or more people agree to commit theft. Even if the theft is not committed, conspiracy is an offense by itself and punishable.
Summary:
| Factor | Abetment | Criminal Conspiracy |
|---|---|---|
| Requires agreement? | No | Yes |
| Number of persons involved | One or more | Two or more |
| Is offense itself committed? | Yes, generally required | Not necessary |
| Liability basis | Instigation or aid | Agreement to commit offense |
| Punishment | Same as main offense | Separate, under Section 120B |
Conclusion:
Abetment is about helping or encouraging the commission of a crime.
Criminal conspiracy is about planning and agreement to commit a crime.
Conspiracy is an offense on its own, whereas abetment depends on the commission of the crime.
Both are essential tools in criminal law to prosecute those involved indirectly or in planning crimes.
RELATED Blog
0 comments