( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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INCHOATE CRIMES AND ROLE OF JUDICIARY IN INDIA

    1 Author(s):  VIKRANT DAHIYA

Vol -  9, Issue- 1 ,         Page(s) : 375 - 378  (2018 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

An inchoate crime might never be completed. The rationale of punishing a defendant for an inchoate crime is prevention and deterrence. The three inchoate crimes are attempt, conspiracy, and solicitation .This Working Paper in the series covering the general part of the criminal law deals with the three common law offences of conspiracy, attempt and incitement. These are known as inchoate offences since they may be committed notwithstanding that the substantive offence to which they relate is not committed. Indeed, if the substantive offence is committed, no question of attempt will normally arise, and where there has been incitement the person inciting becomes a party, as an accessory to the substantive offence. Conspiracy differs from the other two offences in that even where the offence it was conspired to commit has in fact been committed there are circumstances in which a charge of conspiracy is appropriate.

1.K.N. Chandrasekharan Pillai, Uncompleted Crimes: Attempt, Conspiracy and Abetment, General Principles of Criminal Law, Eastern Book Company, Second Edition, 2011
2. K I Vibhuti, Abetment, PSA Pillai’s Criminal Law, 198, Lexis Nexis Butterworths Wadhwa, 11th edition.
3.Section 107 – Abetment of a thing.- A person abets the doing of a thing, who- First.- Instigates any person to do that thing; or
Secondly – Engages with one or more other person or persons in any conspiracy for the ding of that thing, if an act or illegal omission takes place in pursuance of    that conspiracy, and in order to the doing of that thing; or
Thirdly.- Intentionally aids, by any act or illegal omission, the doing of that thing.
4. AIR 1995 SC 1965
5. K I Vibhuti, Criminal Conspiracy, PSA Pillai’s Criminal Law, 230, Lexis Nexis Butterworths Wadhwa, 11th edition

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