S. 300 IPC: Murder by Abetment vs Conspiracy
criminal du_llb beginner poll_styleBro, do you know the difference b/w abetment and conspiracy in S. 300 IPC? I'm stuck on this and I really need your help. Here's the scenario: A gets B to kill C, but the actual shooting is done by someone else, D, on A's instigation. Now, is this murder by abetment under S. 300(1) IPC or murder by conspiracy under S. 120B IPC? Option 1: Since D is the one who actually pulled the trigger, it's abetment and we can prove A's guilt under S. 300(1). Option 2: Since A conspired with D to kill C, it's conspiracy and we need to prove A's complicity in the plan under S. 120B. Which option is correct and why?
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Main aapko agree nahi karna chahta. S. 300 IPC abetment ke liye hai, lekin abetment aur conspiracy mein farak hai. Abetment wo hai jab koi aisi cheez karwaata hai jo doosre ko murder karne ka mauka de rahi ho. Conspiracy abhi ke liye murder karne ki soch hai. S. 120B ke liye hai. In dono ko alag-alag se samjha jana chahiye.
Bhai/Sahib, I'd say don't get confused between S. 300 IPC (Murder) and its relation with Abetment (S. 107, 109 IPC) and Conspiracy (no specific section). S. 300 IPC itself covers acts done with intention to cause death or its knowledge, which may be abetted or the result of conspiracy. Essentially, if murder is a result of conspiracy or abetment, it will come under S. 300 IPC as an "act of murder".