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QLC LLB – I
PAKISTAN PENAL CODE Abetment vs. Criminal Conspiracy
1. INTRODUCTION Abetment itself is not a crime but it fixes responsibility in aiding to commit an offence. Abettor is equally responsible as the principal offender is. `Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law, the punishment of which is imprisonment or fine or both in the discretion of the Court". Halsbery Laws 4th Edition, Vol.11, para.58, page 44 2. RELEVANT PROVISIONS OF LAW Sec 107 through 120- A & 120 -B 3. INGREDIENTS TO CONSITUTE ABETMENT i. ii.
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Abetment of an offence By any of the following modes a. Instigation, or b. Engaging, or c. Aiding INGREDIENTS TO CONSTITUTE CRIMINAL CONSPIRACY U/S 120 –A A. Agreement B. Between two or more persons C. For committing i. An Illegal act, or ii. An Act by illegal means D. Agreement must be to commit some offence
5. DISTINCTION BETWEEN ABETMENT & CRIMINAL CONSPIRACY I. Number of persons a. May be one person in abetment b. In conspiracy Two or more persons II. Mode a. In Abetment to encourage some one. b. Persons involve direct and indirect III. Scope a. Abetment is a wider topic. b. Conspiracy is the kind of abetment IV. Element of instigation a. Instigation some one is abetment. b. Active participation in an illegal act is conspiracy V. Aid to commit crime
QLC LLB – I
PAKISTAN PENAL CODE Abetment vs. Criminal Conspiracy a. mere aiding is abetment. b. Conspiracy does not mean Aiding
VI. Agreement a. Abetment is not based on Agreement. b. Conspiracy is based on an agreement. VII. Misrepresentation a. Willful misrepresentation can be abetment. b. Willful misrepresentation not in conspiracy. VIII. Concealment of fact a. Concealment of fact is possible in abetment. b. Concealment of fact is not in conspiracy. IX. Ultimate object a. In abetment commission of crime is ultimate object. b. In conspiracy commission of crime is not necessary to be ultimate object. X. Common intention a. Common intention is not necessary in abetment. b. Common intention is in conspiracy. XI. Capacity of person a. Person incapable to commit offence can be abetted b. Person incapable to commit offence can not be cons pirate.
