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

Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...

Law relating to Abetment (Section 107 to 120)

Law relating to Abetment explanation and also when an abetment committed outside India is said to be an offence committed in India? Abetment: (Section 107 to 120): A person abets the doing of a thing if he: 1) Instigates another to do that thing, or 2) Conspires with others in the doing of-the act or 3) Intentionally aids the doing of that thing E.g: A, a police officer, with a Warrant is empowered to arrest Z. B, who knew this, instigated A to arrest C who he mis-represented as Z. A arrests C. B abets. General advice is not abetment. Abetment by instigation: Instigation means the instigator actively suggests, or stimulates by any means i.e., by words, hints, encouragement etc. Abetment by conspiracy: For this there should be at least two persons, engaged in commission of an act in pursuance of conspiracy and there should be the doing of the thing. Abetment by aid: The person aids to facilitate commission of an offence. It should be intentional aid. E.g: supplying of food to facilitate...

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...