ABSTRACT

This chapter reviews the law regarding the criminalisation of the preliminary offences of abetment, criminal conspiracy and attempt under the Indian Penal Code (IPC). The scope of liability for abettors under the draft Code was, in general, not meant to depart from the prevailing English law. It was pointed out by the Indian Law Commissioners in their first report on the draft Code that [t]he effect [of the abetment provisions] is the same as by the English Law, but without the forced construction by which the English Law is strained for the purpose. The IPC provision on abetment by conspiracy now requires an act or illegal omission to take place in pursuance of that conspiracy in all cases. As with abetment to commit acts which are impossible, an accused is also not liable for attempting to commit acts which are impossible if the impossibility is due to his or her inept means.