IPC Section 302, Accomplice, or Not?

criminal judiciary beginner pyq_discussion

I still remember this question from the 2020 Judicial Services exam. It went something like this - A murders B in a pre-planned manner. During the investigation, C is caught and confesses to being an accomplice, but later claims he was just a pawn in A's game. He says A threatened him and his family to do the deed. Now, the question - Can C be convicted under IPC Section 302 along with A? I thought this was a classic 'bhaiya-bhaiya' situation, but the correct answer was no. Here's why - C's role may be one of abetment, but not that of a conspirator. The correct approach is to carefully analyze each individual's role and intentions. We need to understand when a person can be considered an accomplice versus an abettor.

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Nikhil ยท LLM Scholar

Bhai, I think you're right in saying that IPC 302 requires a 'grievous act' to be committed with the intention of causing death. But, what about accomplices? Can we say that the main accused's accomplice also has liability under 302? My prof says no, but I think there's a case somewhere that says yes... help!

Charu ยท Law Student

Section 302 IPC, abetment to murder, koi aisa nahi hota. Accomplice bhi hai, lekin woh jo murder karne ki planning kar raha tha, uska role aur punishment alag se alag hota hai. Abetment to murder, woh abhi bhi section 302 ka hi part hai, lekin woh shamil hoga, abetment to murderer hoga. Court ka faisla hota hai, kis ne kya kiya.