Instigation basically means suggesting, encouraging or inciting a person to do or abstain from doing something. Instigation may take place either directly or indirectly, by written or oral words, or even by gestures and hints. The instigation must be sufficient to actively encourage a person to commit an offence. It should not be mere advice or... Continue Reading →

The distinction between attempting something and preparing for it has long been debated.  The term “preparation” refers to acquiring the tools necessary to try the crime, while “attempt” refers to the actual action toward performing the crime after the initiation. The act of preparing is not a crime, but making an attempt is. It was... Continue Reading →

A crime is defined as the commission of an act that is prohibited by law, or an omission of an act that is obligated by the law. In other words, crime may be defined as the disobedience of law. Another important aspect of a crime is that it affects the public interest, rather than the... Continue Reading →

Conspiracy means a combination of two or more person for unlawful purpose. The rules relating to offence of criminal conspiracy under Indian Penal Code, 1860 punishes several persons who are directly or indirectly engaged in commission of any illegal act or omission. The offence of criminal conspiracy is defined under Section 120-A of Chapter V-A... Continue Reading →

Abetment by conspiracy consists when two or more persons engage in a conspiracy for the doing of a thing and an act or illegal omission takes place in pursuance of the conspiracy and in order to the doing of that thing.  Thus in order for abetment by conspiracy may be constituted, three things are necessary... Continue Reading →

The term “attempt” has not been defined in the Indian Penal Code, scholars have tried to define the term in various ways. Stephen identified the following elements in his definition of “attempt”:  a. Doing of an act in furtherance of an intention to commit a specific crime b. Such act should form part of a... Continue Reading →

Inchoate crimes are unfinished crimes, the crimes which couldn’t able to get completed due to some reason or were disrupted in between by anyone, intentionally or unintentionally, resulting in not the completion of the offence. Inchoate has come from the Latin word- ‘Inchoate’ means ‘begun’. The word ‘inchoate’ literally means ‘underdeveloped’ or ‘unfinished’ and the... Continue Reading →

In section 306 of the Indian Penal Court, abetment of suicide is if any person commits suicide, whoever abets the commission of such suicide, shall be punishable with imprisonment of either description of a term which may extend to 10 years, and shall also be liable to fine. In other words, someone who abets others... Continue Reading →

Abettor is the one who supports or encourages or instigate others to commit a crime in the same sense, knowledge, and with the same intention as that of the abettor. Abettor tend to engage one or more person or persons to plan any conspiracy for doing that thing and command them to commit illegal omissions... Continue Reading →