Abetment

apprehension/harm, no right; even if officers act not justifiable by law; he may be charged for

this separately.

S.100: When Private Defense extends to Death Assault with: apprehension to

death/grievous hurt; intention to rape/kidnapping/abduction/wrongfully confining etc. … S.101: If act not under sec. 100 –one can cause any harm other than death; voluntary causing

of death extends to restricts under S.99.

S.102: Right to Private Defense, till there is reasonable apprehension of danger to human

body, not after that.

S.103: Right of Private defense to property extends to causing death: robbery, breaking in at

night, mischief by fire on any building or human dwelling, theft, mischief or house trespass.

S.104: If act not under sec. 103 –one can cause any harm other than death; voluntary causing

of death extends to restricts under S.99.

S.105: Right to Private Defense, till there is reasonable apprehension of danger to the

property, not after that.

S.106: Right of Private Defense, against assault with apprehension of death, could run the

risk of harm to innocent people.

A is attacked by a mob with an attempt to murder him –he cannot exercise private defense

unless he fires –many innocent in the mob could die –A commits no offense by doing so

Distinguishing common intention and common object

Common Intention –Section 34

Ingredients:

• Act (criminal) done by two or more persons

• In furtherance of a common intention • Each liable as if done by him alone. 1. Meeting of Mind

2. PARTICIPATION is required for common intention.

Similar Intention not same as Common Intention, hence not under S. 34.

Common Object –Section 149

Ingredients:

• Any member of an unlawful assembly • In prosecution of a common object • Mere MEMBERSHIP of an unlawful assembly is required

Unlawful assembly (Sec. 141)

Assembly of 5 or more people can be unlawful assembly, if the common object is –• To show criminal force • To resist execution of any law • To commit mischief, criminal trespass

• By means any force (criminal) to any person, to take possession of land, or deprive

person from his right to enjoyment

• By criminal force compel someone to do something which he is not legally bound 3. Comparative analysis of section 34 and 149 of IPC and Same Intention

COMMON INTENTION COMMON OBJECT

Joint liability 2 or more persons PARTICIPATION Sec 34 prearranged plan & meeting of minds Constructive liability 5 persons –unlawful assembly MEMBERSHIP Sec 149 Does not require proof of prior meeting.

Attempt:

1. Attempt and commission dealt with the same section –Offences –against state, assaulting governors, President with an intent to restrain the exercise of lawful power –sedition, waging war etc.

2. Attempt and commission dealt separately –Murder, Culpable homicide not amounting to murder, robbery etc. u/s 307, 308, 393.

3. Attempt to commit suicide u/s 309

4. Attempt to commit offences in general u/s 511

Criminal conspiracy (120 A –120 B)

2 or more persons agree to do or cause:

• an illegal act • legal act but illegal means

It needs to be substantive offense –Agreement is a difference between 120A & 107.

Here attempt or commission of a crime that was conspired is immaterial. Till it

can be proved that there was conspiracy –all are liable.

Even if one is caught but if it can be proved that there were other co

conspirators; there was conspiracy –whether they are caught or convicted –immaterial –the one caught will serve his/her part of punishment.

Section 120B deals with punishment.

Abetment

There must be an abettor

• He must abet • Act abetted must be an offense or leading to an offense, by a person capable (in front of law), with the same intention and knowledge.

Section 107 –Abetment of a thing

i. By instigation

• Provoke/ Incite/ Encourage/ Solicits –act prohibited by law.

• Act done in furtherance not necessary. • Mere compliance does not amount to it.

ii. By conspiracy

• Agreement to do an act prohibited by law. • Some act is done in pursuance thereof. • If the abettor does not act, not liable.

iii. By intentional aiding

• Giving Aid –Act / Omission

• Active conduct on the part of Abettor –Act must be accomplished.

• Commission of Crime necessary