Skip to main content

Possible Parties to a Crime

 Possible Parties to a Crime:

There are 4 types:

1) Principle in the 1st Degree

2) Principle in the 2nd Degree

3) Accessories before the fact

4) Accessories after the fact

1. Principle in the 1st Degree:

Any person who actually commits or has committed or participates in the commission of a crime is called the Actual Offender is also known as Principles in the 1st Degree. The person of the Principle in the 1st Degree is awarded by punishment as per the law.

Eg:

Q) A and B plans to commit a robbery in a house after breaking it?

Ans) both are of the Principle in 1st Degree.

2. Principle in the 2nd Degree:

Any person, who directly or indirectly aids, assists, encourages or instigates the offender during the commission of offence or crime is called Principle in 2nd Degree. The person of the Principle in the 2nd Degree may or may not be physically present at the time and place of occurrence.

Eg: like Terrorist.

Q) B waits outside the house and keeps a watch for any unexpected situation?

Ans) Here, B is called the Principle in 2nd Degree.

3. Accessories before the fact:

Any person who contributes something in the commission of an offence or a crime is called Accessories before crime. In the accessories before the fact, the person may not be physically present at the time and place of occurrence but if he assists or instigates, he is liable.

Eg: Abettor means instigating etc.

Section- 108 of IPC comes under these Accessories before the fact.

(Like supporting with money, giving information etc)

Q) A and B planned to commit a robbery in a house?

Ans) Here, both are Accessories before the fact.

4. Accessories after the fact:

Any person knowing that the offender committed the offence or crime aids or gives shelter to the offender with an intention to defeat the fair trail and Justice is known as Accessories after the fact.

Eg: Knowingly receiving the stolen property.

Q) After the warrant is issued for the arrest of A and B, they go to their friends C’s house.

Ans) C knowing about their crime that was committed by A and B, allows them to hide inside his house or somewhere else.

 

Comments

Popular posts from this blog

Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...

Theories of Punishment

 Theories of Punishment: Imposing punishment upon the wrong doer was recognized from the time of immemorial. In olden days, severe punishment was imposed for smaller offence. As the civilization developed, the attitude towards the imposing of the punishment has been changed. Gandhi said, “Hate the Sin, but not the Sinner” Like this, other philosophers showed mercy upon the criminals and started analyzing the Socio-economic circumstances behind the incident of the offence. Their views are classified into: 1) Deterrent Theory 2) Retributive Theory 3) Reformative Theory 4) Preventive Theory 5) Expiatory Theory 1. Deterrent Theory: According to this theory, the punishment given to a wrong doer must be as hard as possible so that it may set an example who commits the same. That is, it not only punishes a particular person but it also directs punishment to the other possible criminals. The deterrent theory creates some kind of fear in the mind of other by providing an adequate penalty an...

Right of Private defence

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...