Difference between Abetment and Criminal Conspiracy

Difference between Abetment and Criminal Conspiracy are as follows:

1) Abetment is a process by which one or more engage or employ other(s) for commission of an offence. The former i.e., the person, who abets is called the ‘abettor’, while the latter i.e., the person who commits the offence with his own hands is called the ‘principal offender’. But, conspiracy is a process by which an agreement is entered into between two or more persons for commission of an illegal act or doing/committing a lawful/ legal act by illegal means. The parties to the agreement are called ‘Conspirators’.

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2) In the offence of abetment a mere combination of persons or agreement between them is not enough but an act or illegal omission must take place in pursuance of the conspiracy and in order to the doing of the thing conspired for, but in conspiracy, the mere agreement is enough, if the agreement is to commit an offence.

3) Abetment can be committed by one or more, whereas conspiracy can be committed by two or more.

4) In abetment, sanction of competent authorities is not necessary to proceed against the abettors, who merely abetted to commit a crime while in conspiracy, sanction of competent authorities is necessary to proceed against the conspirators who merely agreed to commit a crime.

5) Abetment is genus while the conspiracy is species.

6) Abetment per se is not a substantive offence whereas criminal conspiracy is a substantive offence by itself and is punishable.

7) Abetment may be committed in various methods/ways viz., instigation, conspiracy, intentional aid etc., but conspiracy is one of the methods of abetment.

8) Crime of Abetment is explained in Sections 107 to 120 of the code while Crime of Conspiracy is explained in Sections 120- A & 120-B of the Code.

9) Section 109 of the code is concerned only with the punishment of abetments for which no express provision is made under the Penal Code. A charge under Section 109 should, therefore, be alone with some other substantive offence committed in consequence of abetment. However, the offence of criminal conspiracy is, on the other hand, an independent offence. It is made punishable under Section 120 В of the code for which a charge under Section 109 of the Code is unnecessary and, indeed, inappropriate.