Know The Law
Differences Between Abetment And Criminal Conspiracy

In the realm of criminal law, the concepts of abetment and criminal conspiracy often create confusion due to their similarities in promoting unlawful activities. However, understanding the differences between abetment and criminal conspiracy is essential for accurately interpreting their roles and implications within the legal framework.
Abetment refers to the act of encouraging, instigating, or aiding another person to commit a crime, making the abettor liable even without directly committing the offense. In contrast, criminal conspiracy revolves around an agreement between two or more individuals to carry out an illegal act, regardless of whether the act is ultimately executed.
This blog explores the key distinctions between abetment and criminal conspiracy, focusing on their definitions, legal provisions under the Indian Penal Code (IPC), requirements for liability, and examples.
What Is Abetment?
Abetment means encouraging, inciting, or lending a hand or finger to assist another person in committing a crime. An accessory crime is also committed by the abettor (someone who encourages or assists another person to commit a crime), even though he does not commit the crime by himself but plays a big role in its execution.
What Is Criminal Conspiracy?
Criminal conspiracy is an agreement between two or more persons to do an illegal act or a legal act by unlawful means. Conspiracy is an independent offence in itself and can be committed even without committing a crime.
Criminal conspiracy involves a mere agreement between the parties to do an illegal act without taking any steps for it. This means if they don’t commit any crime but only plan, then still they get punished.
Difference Between Abetment & Criminal Conspiracy
When discussing criminal law, two terms often cause confusion, named Criminal Conspiracy and Abetment. Even though these two concepts are central to determinate cooperation in unlawful activities, they are essentially different in their magnitude, the nature of their implementation, and their impact on the law.
Here are the summarized differences between these two terms:
Aspect | Abetment | Criminal Conspiracy |
Definition | Encouraging, instigating, or aiding someone to commit a crime. | Agreement between two or more persons to commit an illegal act. |
Primary Requirement | A primary offence must be committed or attempted. | The agreement itself constitutes the offence; execution is not necessary. |
Independent Offense | Abetment is not an independent offence; it is tied to a principal crime. | Criminal conspiracy is an independent offence under Section 120A IPC. |
Participation | Requires active instigation or assistance. | It requires agreement and planning, not necessarily active participation. |
Examples | Providing tools for theft or provoking someone to commit murder. | Planning a bank robbery without executing it. |
Legal Provisions | Defined under Section 107 of the IPC. | Defined under Section 120A of IPC. |
Nature Of Liability | Liability arises only if the crime is attempted or committed. | Liability arises from the agreement itself. |
Intent | Require a criminal intent or mens rea | Require a criminal intent or mens rea |
Collaboration | It involves multiple parties working together toward an unlawful goal. | It involves multiple parties working together toward an unlawful goal. |
Punishment | Individuals can be punished even if they do not commit the principal offense | Individuals can be punished even if they do not commit the principal offense. |
conclusion
Understanding the differences between abetment and criminal conspiracy is crucial for anyone involved in or studying criminal law. While abetment involves active encouragement, instigation, or assistance in committing a crime, criminal conspiracy centers on an agreement between individuals to pursue an illegal act, even without executing it. These distinctions highlight the varying degrees of liability and legal repercussions under the Indian Penal Code (IPC).