Particeps criminis – A participator in the actual crime/partner in crime.
Meaning of Particeps Criminis
Latin: Particeps criminis
English: “A participator in the actual crime” or “partner in crime”
Refers to a person who actively participates in committing a crime, either directly or indirectly.
Such a person is considered criminally liable to the same extent as the principal offender.
The liability arises even if the person did not commit the main act but assisted, encouraged, or facilitated the crime.
Key Features
Participation
Can be active (committing the act) or passive (abetting, aiding, or instigating).
Mere presence at the scene is not enough unless there is intention or assistance.
Intention (Mens Rea)
Must have knowledge of the crime and intention to further it.
Equality of Liability
A particeps criminis is equally liable as the principal under criminal law.
Forms of Participation
Abetment: Encouraging the crime (Section 107, IPC)
Aiding: Assisting in commission (Section 109, IPC)
Conspiracy: Planning the crime together (Section 120A & 120B, IPC)
Illustration
If A plans to commit theft and B provides tools or lookout support, both A and B are particeps criminis.
Liability is joint and several, meaning each can be prosecuted fully for the crime.
Case Law
K. M. Nanavati v. State of Maharashtra, AIR 1962 SC 605
Facts: Multiple people were involved in a murder plot.
Held: Each participant, even if not firing the weapon, could be treated as particeps criminis because they shared the intention and facilitated the act.
R. v. Jogee [2016] UKSC 8
Facts: The Supreme Court of the UK clarified the law on joint enterprise.
Held: A person who assists or encourages a crime knowing the principal intends to commit it is a particeps criminis.
Significance: Distinguishes between mere presence and active participation with knowledge.
State of Rajasthan v. Kashi Ram, AIR 2006 SC 1446
Facts: Accused were involved in a gang-related murder.
Held: All members were liable as particeps criminis even if only one fired the weapon.
Relevant Provisions under Indian Law
Indian Penal Code (IPC):
Section 34: Acts done by several persons in furtherance of common intention – all are equally liable.
Section 107: Definition of abetment.
Section 109: Punishment of abetment.
Section 120A & 120B: Criminal conspiracy – conspirators are particeps criminis.
Principle:
Common intention and participation make one liable, even without performing the main act.
Difference from Mere Abettor
| Feature | Particeps Criminis | Mere Abettor |
|---|---|---|
| Participation | Actively participates or assists in the crime | Only encourages, instigates, or advises |
| Liability | Equal to principal offender | Liable for abetment |
| Mens Rea | Must share common intention | Must intend to promote the crime |
Conclusion
Particeps criminis is anyone who joins, assists, or facilitates a criminal act with the knowledge and intention of committing it. The principle ensures collective accountability in criminal law and prevents one from escaping liability by claiming “I didn’t commit the main act.”
RELATED Blog
0 comments