Basis

Abetment

Criminal Conspiracy

Section

Sec 45, BNS defines abetment

Sec 61 of BNS defines criminal conspiracy

Definition

Intentionally instigating, engaging in conspiracy for abetment, or intentionally aiding another to commit an offence.

An agreement between two or more persons, to commit an illegal act or a legal act by illegal means.

Essence of the Offence

Instigation, conspiracy for abetment, or intentional aid.

The unlawful agreement itself.

Number of Persons Required

One abettor can abet another person.

At least 2 persons are essential.

Agreement required

Not always. It may occur by instigation or intentional aid alone.

Agreement is mandatory.

Need for instigation

Yes, instigation is one recognized mode.

Instigation is not necessary.

Need for intentional aid

Yes, intentional aid is another recognized mode.

Not required.

Completion of Offence

Complete when the act of abetment is committed, even if the principal offence is not always completed (Subject to statutory provision).

Complete as soon as the unlawful agreement is formed (For conspiracies to commit offences, in other cases, an overt act may also be required).

Participation

The abettor may not actively participate in committing the principal offence.

Every conspirator participates in the common design through the agreement.

Proved

Can be proved through evidence of instigation, aid or conduct.

Usually proved through circumstantial evidence because direct evidence of the agreement is rare.

Object

To encourage or assist another person in committing an offence.

To jointly plan and execute an illegal objective.

Punishment

Depends on the offence abetted and the applicable BNS provisions.

Punishment depends on the object of the conspiracy and the applicable BNS provisions.

Liability

Liability arises from the act of abetting.

Liability arises from being a party to the unlawful agreement.

Withdrawal

Mere withdrawal after abetment may not absolve liability once the offence of abetment is complete.

Withdrawal may reduce future involvement, but liability for the conspiracy already formed can remain.

Scope

Wider concept because it includes instigation, conspiracy and intentional aid.

Narrower, focusing specially on unlawful agreement.