Unit IV · Topic 2Stages of crime and inchoate crimes - Abetment, criminal conspiracy and attempt – Previous Year Questions

Ans. (b) : Section 511 of the Indian Penal Code 1860 makes the attempt of such offences punishable which are not already punishable as attempts under this Code.

Ans. (b) : An offence has four stages. These stages are as follows: (1) Intention (2) Preparation (3) Attempt (4) Completion of offence. Generally the attempt and completion of an offence are punishable. In some situations preparation is also punishable, such as Sections 122, 33, 399 of the Indian Penal Code etc. Intention is generally not punishable, but it is punishable under Section 402. Therefore Dacoity is the only offence punishable in all four stages.

Ans. (c) : Chapter V (Section 107 onwards) of the Indian Penal Code 1860 deals with abetment. Section 107 defines abetment as a person who abets a thing: (i) instigates a person to commit it, or (ii) engages with one or more other persons in a conspiracy for its commission, if an act or illegal omission takes place in pursuance of that conspiracy, or (iii) intentionally aids, by any act or illegal omission, the doing of that thing. Abetment of abetment is also an offence. Since abetment under Section 108 Explanation IV is an offence because abetment is an offence, such abetment is also an offence. Whether C committed the act or not. Therefore, both A and B are guilty of the offence of abetment.

Ans. (c) : According to Section 120-A of I.P.C., the essential elements of conspiracy are: (1) an agreement between two or more persons (a) to do an illegal act (b) to do an act which though not illegal is done by illegal means. Conspiracy is an offence that has mens rea without actus rea and depends not on the act but on the circumstances.

Ans. (d) : According to Section 107 of I.P.C., abetment of an offence can be done as follows: (1) By instigation (2) By conspiracy (3) By intentional aid

Ans. (b) : According to Section 107 of the Indian Penal Code 1860, abetment occurs through: (1) instigation, (2) engaging in conspiracy, and (3) intentional aid. Giving suggestions comes under intentional aid in abetment, so the act of abetment results from suggestion.

Ans. (d) : There are four stages of crime-

(1) Intention - This is the first stage, which is never punishable.

(2) Preparation - Preparation is the second stage of crime, which is generally not punishable, but in some crimes, like preparation for war against the Government of India, it is punishable.

(3) Attempt - Here the accused makes his intention clear, hence it is always punishable.

(4) Completion of crime - This act is always punishable on the achievement of the desired result.

Ans. (b) : In the present case under section 307 of the Indian Penal Code, 1860, the accused has committed the offence of attempt to murder. The attempt to murder shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Ans. (b)

Ans. (a) : Conspiracy is a judicious act because the general rule is that the chain of actions has to be inferred from the intention of any unlawful use. Knowledge of being involved in the crime is necessary to establish the charge. Section 120A of Indian Penal Code defines criminal conspiracy and section 120B provides punishment for criminal conspiracy.

Read Assertion I and Reason II and with the help of codes given below point out the correct explanation.

Ans. (c) : Section 107 of Indian Penal Code defines the offence of abetment, which is committed by instigation, conspiracy and assistance. According to the second paragraph of section 107, that person abets a thing, who joins with one or more other persons in any conspiracy for the doing of that thing. But the offence is not committed unless an act or illegal omission takes place in pursuance of that conspiracy.

Ans. (c) : According to section 309 of Indian Penal Code 1860, whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both. Here, after the commission of the offence, no punishment can be given. The case of Gyan Kaur vs. State of Punjab is related to this.

Ans. (d) : Generally, the Indian Penal Code makes a distinction between the main wrongdoer and the abettor and does not recognise the helper in matters of harbouring. But it recognises legal accessories in the following cases- (1) Instigating any person to commit an offence. (Section 107 first paragraph) (2) Joining any conspiracy to commit any crime. (Section 107 second paragraph) (3) Knowingly aiding. (Section 107 third paragraph)

Ans. (d) : Section 107 of Indian Penal Code defines abetment, according to which a person abets the doing of a thing, who-

Instigates any person to do that thing

Engages in any conspiracy for the doing of that thing

Ans. (c) : According to section 111 of Indian Penal Code, the act of abetment provides that the liability of the abettor is on such an act which is different from the intent of the abettor, in such circumstances incomplete instigation to commit the offence is considered.

Ans. (b) : Tempting or inducing another to act by exciting hope or desire (will) of others is known as enticing. It is an essential element of the offence of kidnapping. There are two types of kidnapping- (1) Kidnapping from India (2) Kidnapping from lawful guardianship. Kidnapping is described as an offence in section 361. Section 363 provides for its punishment.

Ans. (a) : The offence of inciting a crowd is formed when a member of an unlawful assembly incites a crowd, thus when one or more of a crowd of 10 or more people do so, the process of inciting the crowd is formed. (Section 228-A, IPC clarification) Under section 228-A of Indian Penal Code, revealing the identity of the victim party through newspaper or publication has been considered a punishable offence.

Ans. (b) : (1) Many arguments have been presented in support of the law relating to conspiracy. The general justification regarding this is that an incomplete crime is similar to other incomplete crimes. (2) The secondary support of conspiracy is on the ground that an agreement between two or more persons to do an illegal act, gives momentum to the act. Criminal conspiracy has been defined in section 120-A of Indian Penal Code.

Ans. (a) : The offence of inciting a crowd is formed when a member of an unlawful assembly incites a crowd, thus when one or more of a crowd of 10 or more people do so, the process of inciting the crowd is formed. (Section 228-A, IPC clarification) Under section 228-A of Indian Penal Code, revealing the identity of the victim party through newspaper or publication has been considered a punishable offence.

Ans. (b) : (1) Many arguments have been presented in support of the law relating to conspiracy. The general justification regarding this is that an incomplete crime is similar to other incomplete crimes. (2) The secondary support of conspiracy is on the ground that an agreement between two or more persons to do an illegal act, gives momentum to the act. Criminal conspiracy has been defined in section 120-A of Indian Penal Code.

Ans. (a) : Instigating B to commit murder

Explanation: A is guilty of instigating B to commit the murder of A and B. As per the second explanation of Section 108 of the Indian Penal Code, it is not necessary that for the offence of abetment to be constituted, the abetted act must be committed or the offence intended must occur. The required effect of the instigation must have been caused. The present problem is based on illustration (b) of explanation 2 of Section 108.

Ans. (b) : The present problem is based on illustration (ख) of Section 107 of the Indian Penal Code 1860. Section 107 provides for abetment. Under Section 107, abetment can be done in three ways:

Instigation

Conspiracy

By aid Therefore, B has abetted by instigating the apprehension of C.

Ans. (d) : The present problem is based on Section 511 of the Indian Penal Code and its illustration, according to which whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with the punishment provided under Section 511.

The accused at the time of committing the act because of unsoundness of mind is incapable of knowing

the nature of the act

that the act is wrong or contrary to law

that the act is unethical and wrong

that the act is morally wrong but not contrary to law

Ans. (d) : This problem is based on the illustration of "Section 108A" of the Indian Penal Code 1860. According to which -

A person abets an offence within the meaning of this Code who, in India, abets the commission of any act outside and beyond India which would constitute an offence if committed in India.

Therefore, 'A' will be guilty of abetment of murder.

Ans. (c) : Section 107 of the Indian Penal Code, 1860 defines abetment.

Abetment is constituted in the following manner: (1) By instigating a person to commit an offence, or (2) By engaging in any conspiracy to commit an offence, or (3) By intentionally aiding a person to commit an offence.

According to Section 108A, a person abets an offence within the meaning of this Code who, in India, abets the commission of any act outside and beyond India which would constitute an offence if committed in India.

Criminal conspiracy is defined under Section 120A of the Indian Penal Code, 1860.

The following are the elements of criminal conspiracy: (1) An agreement between two or more persons who are charged with conspiracy, (2) The agreement is to do or cause to be done: (i) an illegal act, or (ii) an act which is not illegal, by illegal means.

The provision for punishment for criminal conspiracy is under Section 120B.

The case of State of Tamil Nadu through Superintendent of Police, CBI/SIT v. Nalini relates to criminal conspiracy.

Ans. (b) : In the case of Abhayanand Mishra v. State of Bihar (1961 SC), the Supreme Court said that there is a thin line between the preparation for and an attempt to commit an offence. Undoubtedly, a culprit first intends to commit the offence, then makes preparation for committing it and thereafter attempts to commit the offence. If the attempt succeeds, he has committed the offence. If it fails due to reasons beyond his control, he is said to have attempted to commit the offence.

In the case of State of Maharashtra v. Mohd. Yakub (1980 SC), the court concluded that mere preparation is not an offence unless it is completed or attempted.

In Malkiat Singh v. State of Punjab (1968 SC), the court observed that preparation consists in devising or arranging the means necessary for the commission of an offence. On the other hand, an attempt is a direct movement towards the commission after preparations are made.

In the case of Om Prakash v. State of Punjab (1962 SC), the court said that "Beginning of attempt is in itself an attempt."

Answer: (b) A, B, C, D, E

Passage for December 2022 Q96–Q100

Direction (Q. No. 96-100) : Sting operation is a phenomenon which became popular in 1970s. With the advent of technology and internet, sting operation is no more monopoly of media houses or big players. Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions besides legal issues. The victim who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentially of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement. Another issue that arises from such an operation is the fact that the means deployed to establish the commission of the crime itself involves a culpable act. In the U.S. a sting operation is recognized as a legal method of law enforcement in a limited manner. The same is not the position in India. A sting operation carried out in public interest has had the approval of Court in R.K. Anand v. Registrar, Delhi High Court (2009) though it will be difficult to understand the ratio in the said case as an approval of such a method as an acceptable principle of law enforcement valid in all cases. A crime does not stand obliterated or extinguished merely because its commission is claimed to be in public interest. Any such principle would be abhorrent to our criminal jurisprudence. At the same time the criminal intent behind the commission of the act will have to be established. The offence of abetment (Section 107), criminal conspiracy (Section 120A) s 354C, 354D under IPC and some provisions of the Information Technology Act, 2000 would, thus, require criminal intent

Answer: (c) Moral, ethical as well as legal questions

Answer: (d) All the above

Answer: (b) Not same

Answer: (a) not as an acceptable principle in all cases

Answer: (d) can commit offence like abetment etc

Answer: (a) 120 В

Answer: (c) B and C only

Explanation: Proximity and Impossibility theories analyze how close the accused's act was to the completion of the crime and whether impossibility of outcome negates attempt.

Answer: (c) Abhayanand Mishra V/s State of Bihar