NO
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Criminal
Conspiracy
|
Abetment
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1
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Definition:
Section 120A of the Indian Penal Code defines Criminal Conspiracy as,
“When two or more persons agree to do, or cause to be done,
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an agreement
is designated a criminal conspiracy
|
Definition:
According Section 107 of the Indian Penal Code, “A person abets the
doing of a thing, who –
First - Instigates any person to do that thing; or
Secondly - Engages with one or more other person or persons in
any conspiracy for the doing of that thing, if an act or illegal omission
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 omission,
the doing of that thing.
|
2 |
Example : A and B made a plan to murder C; letters passed between them as to the movement of C. Here both A and B are liable for indictment to a charge of criminal conspiracy under this section since there was an agreement between A and B to do an illegal act, i.e., to commit the murder of C. |
Example :
A, a public officer, is authorized by a warrant from a Court of
Justice to apprehend Z, B, knowing that fact and also that C is not Z, willfully
represents to A that C is Z, and thereby intentionally causes A to apprehend
C. Here B abets by instigation the apprehension of C.
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3 |
It is an Act or a Planning to do an illegal act by all the persons or
any of them or by some of them
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It is an act to instigate or to provide help to do an illegal act by
the person who is so instigated
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4 |
Criminal conspiracy is a substantive offence by itself, and is
punishable as such
|
Abetment is not per se a substantive offence.
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5 |
Each accused is a principal offender
|
Abettor is not a principle offender.
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6
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Punishment
Section 120 of the Indian Penal Code prescribes Punishment:
Whoever is a party to a
criminal conspiracy to commit an offence punishable with death, imprisonment
for life or rigorous imprisonment for a term of two years or upwards, shall,
where no express provision is made in this Code for the punishment of such a
conspiracy, be punished in the same manner as if he had abetted such offence.
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Punishment
Whoever abets any offence shall, if the act abetted is committed in
consequence of the abetment, and no express provision is made by this Code
for the punishment of such abetment, be punished with the punishment provided
for the offence. (Section 109)
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7
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Conspiracy is cognizable or non-cognizable, bailable or non bailable.
|
Cognizable or non-cognizable,
bailable or non bailable
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Indian Penal Code
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Law of Crime
» Distinction / Difference between Criminal Conspiracy and Abetment
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