Indian Penal Code – I (LL241)

Unit – V
Abetment, Criminal Conspiracy and
Offences Against the State

Dr. Sumanta Meher

Assistant Professor
Teaching Objective, Learning Outcome and
Methods
• Teaching Objective
• To make students understand the offence of Abetment, Criminal Conspiracy
and Offences Against the State
• Learning Outcome
• In this unit, the student will learn the different kind of criminal liabilities They
will understand the offence like Abetment, Criminal Conspiracy and Offences
Against the State.
• Teaching Methods
• Questions answer method
• Case discussion
Abetment

Criminal Liability
• Joint Criminal Liability
• Common Intention
• Abetment
• Conspiracy
• Common Object

In English law, persons who themselves are not the main offenders, but who assist or
aid them, are known as accessories.
• Accessories before the fact;
• Accessories at the fact; and
• Accessories after the fact.
Conti…

When there are two or more parties to a crime, then they

are classed into
• Principals in the First Degree
• Principals in the Second Degree
• Accessories before the fact
• Accessories after the fact
Conti…

Abetment
• Accessories before the fact

Meaning of Abetment
• The act of helping or encouraging someone to do something wrong or illegal.

Section 107 to 120 of IPC

Conti…

Abetment of a thing – Section 107

• A person abets the doing of a thing when he:
• Instigates a person to commit an offence; or
• Engages with one or more persons in a conspiracy to commit an offence; or
• Intentionally aids a person by any act or illegal omission to commit an offence or
illegally omits the doing of an act which would prevent the commission of the
offence.
• A person who, by wilful misrepresentation, or by wilful concealment of a material
fact
• Prior to or at the time of the commission of an act, does anything in order to
facilitate the commission of that act
 Who is an Abettor?
Section 108 of IPC

Abettor — A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an
offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 1 – Abetment of illegal omission

Explanation 2 – Effect of abetment is immaterial

Explanation 3 – Person abetted need not be capable of committing an offence

Explanation 4 – Abetment of an abetment is an offence

Explanation 5 – Abettor need not concert in abetment by conspiracy

Abetment in India of offences outside India
• Section 108A of IPC
• Abetment in India of offences outside India.—A person abets an
offence within the meaning of this Code who, in India, abets the
commission of any act without and beyond India which would
constitute an offence if committed in India.
• Illustration
Liability and Punishment for Abatement

Punishment of abetment if the act abetted is committed in consequence and

where no express provision is made for its punishment – Section 109 of IPC

Punishment of abetment if person abetted does act with different intention

from that of abettor - Section 110 of IPC

Liability of abettor when one act abetted and different act done - Section 111
of IPC

Abettor when liable to cumulative punishment for act abetted and for act done
- Section 112 of IPC
Conti..
Liability of abettor for an effect caused by the act abetted different from that intended by the
abettor - Section 113 of IPC

Abettor present when offence is committed - Section 114 of IPC

Abetment of offence punishable with death or imprisonment for life.—if offence not committed -
Section 115 of IPC

Abetment of offence punishable with imprisonment—if offence be not committed - Section 116 of
IPC

Abetting commission of offence by the public or by more than ten persons - Section 117 of IPC
Conti…

Concealing design to commit offence punishable with

death or imprisonment for life - Section 118 of IPC

Public servant concealing design to commit offence

which it is his duty to prevent – Section 119 of IPC

Concealing design to commit offence punishable with

imprisonment - Section 120 of IPC
Case Laws

Faguna Kanta Nath vs The State Of Assam, AIR 1959 SC 673

Jamuna Singh v. State of Bihar, 1967 SCR (1) 469

Noor Mohammad Momin v. State of Maharashtra, AIR 1971 SC 885

Sohan Lal v. State of Punjab, (2003) 11 SCC 534

Criminal Conspiracy
Section 120A and 120B
Criminal Conspiracy
Joint Liability

Conspiracy means - ‘breathing together’

• People can’t breathe together unless they put their heads together.

Mulcahy v R. (1868) LR 3 HL 306

It came into existence by the

• Criminal Law (Amendment) Act, 1913.

Chapter VA of IPC - Criminal Conspiracy

Section 120A and 120B

 Definition of criminal conspiracy
Section 120A of IPC – Definition of criminal conspiracy

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:

Provided that no agreement except an agreement to commit an offence shall amount

to a criminal conspiracy unless some act besides the agreement is done by one or
more parties to such agreement in pursuance thereof.

Explanation.—It is immaterial whether the illegal act is the ultimate object of such
agreement, or is merely incidental to that object.
Conti…

The main ingredients of s 120A, IPC, are

• There should be two or more persons.
• There should be an agreement between themselves.
• The agreement must be to do or cause to be done:
• (a) an illegal act ; or
• (b) a legal act by illegal means.
Conti…
• Ram Narayan Popli v CBI, - several aspects of Criminal Conspiracy,
• (a) an object to be accomplished,
• (b) a plan or scheme embodying means to accomplish that object,
• (c) an agreement or understanding between two or more of the accused
persons whereby, they become definitely committed to cooperate for the
accomplishment of the object by the means embodied in the agreement, or
by any effectual means, and
• (d) in the jurisdiction where the statute required an overt act.
Conti…
• Cases
• Topan Das v State of Bombay, (1955) 2 SCR 881
• Bimbadhar Pradhan v. State of Orissa, AIR 1956 SC 469
• State v. Nalini, (1999) 5 SCC 253
• Sushil Suri v. CBI, AIR 2011 SC 1713
Punishment for Criminal Conspiracy
Section 120B of IPC - Punishment of criminal conspiracy.

(1) criminal conspiracy to commit an offence punishable with death,

imprisonment for life or rigorous imprisonment for a term of two years or
upwards
• 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.

(2) criminal conspiracy other than a criminal conspiracy to commit an

offence punishable as aforesaid shall
• be punished with imprisonment of either description for a term not exceeding six months, or
with fine or with both.
Offences Against the State
Section 121 to 130
Offences Against the State
All crimes are treated as offences against the State – acts/actions disturb
the public tranquility, national integration and public order.

Offences Against the State - some criminal activities that are directed
against the existence of the state itself viz. treason, sedition and rebellion.

State:- right of self preservation

• Sovereign – People – Government
It is not to be understood in the international law sense of inter-country
war involving military operations by and between two or more hostile
countries.
Offences Against the State
Indian Penal Code, 1860 – Chapter VI

Form Sections 121 to 130

Broadly classified into

• Waging war (Section 121 to 123)
• Assault on high officials. (Section 124)
• Sedition. (Section 124A)
• Waging war against any Asiatic Power in alliance with the Government of India (Section
125 to 127)
• Escape of a state prisoner. (Section 128 to 130)
WAGING WAR
Section 121 of IPC

Waging war
• Commission of Waging war
• Attempted to commit Waging war
• Abets the waging of such war

Waging war and Terrorist attacks

• IPC – Section 121 to 130
• Unlawful Activities (Prevention) Act, 1967

Waging war and Roiting

Cases
• Md Jamiluddin Nasir v State of WB, 2014 Cr LJ 3589 : AIR 2014 SC
2587
• State (NCT of Delhi) v Navjot Sandhu @ Afsan Guru, AIR 2005 SC 3820
• Mohammed Ajmal Mohammad Amir Kasab v State of Maharashtra,
(2012) 9 SCC 1
Conspiracy to Wage War

Section 121A of IPC - Conspiracy to commit offences punishable by

section 121.

Inserted by Criminal Law Amendment Act 27 of 1870

Section 121A deals with the two kinds of conspiracies

• Conspiracy to wage war (or to attempt or abet) against the Government of India,
• Conspiracy to overawe, by means of criminal force or the show of criminal force.
Preparation to Wage War
Section 122 of IPC - Preparation to Wage War

Collecting arms, etc, with the intention of waging war against the Government of India

Whoever collects men, arms or ammunition or otherwise prepares to wage war with the
intention of either waging or being prepared to wage war against the Government of
India shall be punished with imprisonment for life or imprisonment of either description
for a term not exceeding ten years, and shall also be liable to fine.

Mere preparation to commit the offence of waging war against the state is an offence.
Concealment of Design to Wage War

Section 123 of IPC – Concealing with intent to facilitate

design to wage war

Points
• The existence of a design to wage war against the Government of India;
• That the accused had knowledge of such design;
• That he concealed the same;
• That by doing so, he intended to facilitate the waging of such war or had
knowledge that it was likely to facilitate the waging of war.
ASSAULT ON HIGH OFFICIALS

Section 124 of IPC – Assaulting President, Governor, etc., with intent to compel or
restrain the exercise of any lawful power

Whoever, with the intention of inducing or compelling the President of India, or

Governor of any State, to exercise or refrain from exercising in any manner any
of the lawful powers of such President or Governor, assaults or wrongfully
restrains, or attempts wrongfully to restrain, or overawes, by means of criminal
force, or the show of criminal force, or attempts so to overawe, such President
or Governor, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
SEDITION
It was originally Section 113 of Macaulay's Draft Penal Code of 1837

Omitted in the Indian Penal Code, 1860

Inserted in the Indian Penal Code (Amendment) Act 1870 (Act XXVII of 1870) – “Exciting
Disaffection”

Minor changes, by s 124A of the Indian Penal Code (Amendment) Act 1898

Section 124A of IPC – Sedition

It is based on the Common Law

Meaning of sedition

Explained by Lord Fitzgerald in his address to the jury in

Reg v Alexander Martin Sullivan, (1868) 11 Cox's C.C. 44

In Reg v Aldred, (1909) 22 Cox's C. C. 1, p 3

• Coleridge J – observed that the 'word sedition in its ordinary natural
significance denotes a tumult, an insurrection, popular commotion or an
uproar; it implies violence or lawlessness in some form'.
Conti…
James Stephen, delving into definition of sedition under the English law, observed:

Sedition may be defined as conduct which has, either as its object or as its natural
consequence, the unlawful display of dissatisfaction with the Government or with
the existing order of society. The seditious conduct may be by words, by deed, or by
writing. Five specific heads of sedition may be enumerated according to the object
of the accused. This may be either:
• 1. to excite disaffection against the King, Government or Constitution, or against Parliament or the
administration of justice;
• 2. to promote, by unlawful means, any alteration in Church or State;
• 3. to incite a disturbance of the peace;
• 4. to raise discontent among the King's subjects;
• 5. to excite class hatred.
Section 124A - Sedition

Ingredients of Sedition
• Bringing or attempting to bring into hatred
• Exciting or attempting to excite disaffection against the government of
India (Government established by law)
• Such act or attempt may be done
• By words either spoken or written
• By signs
• By visible representation
• The act must be Intentional.
Actions do not constitute sedition

Explanation 2.—Comments expressing disapprobation of the measures

of the Government with a view to obtain their alteration by lawful
means, without exciting or attempting to excite hatred, contempt or
disaffection, do not constitute an offence under this section.

Explanation 3.—Comments expressing disapprobation of the

administrative or other action of the Government without exciting or
attempting to excite hatred, contempt or disaffection, do not constitute
an offence under this section.
Constitutional Validity of Section 124A

Freedom of speech and expression – Article 19 (1) (a)

Tara Singh v. State of Punjab, AIR 1951 EP 27 - Punjab-Haryana High Court

Reasonable restrictions - Article 19 (2) - Constitution (First Amendment)

Act, 1951
Conti…
• Kedar Nath v. State of Bihar, AIR 1962 SC 955
I. The provisions of the sections read as a whole, along with the explanations,
make it reasonably clear that the section aims at rendering penal only such
activities as would be intended, or have a tendency, to create disorder or
disturbance of public peace by resort to violence.
II. The explanations appended to the main body of the section make it clear
that criticism of public measures or comment on Government action,
however strongly worded, would be within reasonable limits and would be
consistent with the fundamental right of freedom of speech and expression.
III. So construed, the section, in our opinion, strikes the correct balance
between individual fundamental rights and the interest of public order.
Conti…
• Vinod Dua v. Union of India, 2021 SCC OnLine SC 414
• It must however be clarified that every Journalist will be entitled to
protection in terms of Kedar Nath Singh, as every prosecution under
Sections 124A and 505 of the IPC must be in strict conformity with the
scope and ambit of said Sections as explained in, and completely in
tune with the law laid down in Kedar Nath Singh.
Waging war against any Asiatic Power in alliance
with the Government of India (Section 125 to 127)
Waging war against any Asiatic Power in alliance with the
Government of India - Section 125 of IPC

Committing depredation on territories of Power at peace

with the Government of India - Section 126 of IPC

Receiving property taken by war or depredation

mentioned in sections 125 and 126 - Section 127 of IPC
ESCAPE OF A STATE PRISONER

Public servant voluntarily allowing prisoner of State or

war to escape -Section 128

Public servant negligently suffering such prisoner to

escape - Section 129

Aiding escape of, rescuing or harbouring such prisoner -

Section 130
Offences Relating to Army,
Navy and Air Force
Sections 131 to 140
Offences Relating to Army, Navy and Air
Force
Chapter VII of the IPC

Sections 131 to 140

Certain offences which might be committed by the civilian population in

relation to the defence personnel.

It punishes persons who, not being soldiers or sailors themselves, abet soldiers
and sailors in committing gross breaches of discipline.
Conti…

OFFENCES
RELATING TO THE
ARMY, NAVY AND
AIR FORCE

Abetment of
Abetment of an
Abetment of Assault by an Abetment of
Act of Wearing Garb
Mutiny Officer on a Desertion
Insubordination
Superior Officer
Conti…

Abetment of Mutiny
• Section 131. Abetting mutiny, or attempting to seduce a soldier, sailor or
airman from his duty
• Section 132. Abetment of mutiny, if mutiny is committed in consequence
thereof

Abetment of Assault by an Officer on a Superior Officer

• Section 133. Abetment of assault by soldier, sailor or airman on his superior
officer, when in execution of his office
• Section 134. Abetment of such assault, if the assault is committed
Conti…

Abetment of Desertion
• Section 135. Abetment of desertion of soldier, sailor or airman
• Section 136. Harbouring deserter.
• Section 137. Deserter concealed on board merchant vessel through negligence of master

Abetment of an Act of Insubordination

• Section 138. Abetment of act of insubordination by soldier, sailor or airman

Wearing Garb
• Section 140. Wearing garb or carrying token used by soldier, sailor or airman.