Section 299 vs. Abetment
criminal general beginner pyq_discussionLast year, yeh question aaya tha: 'Can an accused be convicted under both Section 300 (Murder) aur Section 302 (Punishment of murder) IPC, even if the murder was actually done by the other person?'
Bhai, this one confused many of us, including me. But, after solving several times, I realized the correct approach. First, identify the actual perpetrator under Section 300. Then, see if there was abetment involved, i.e., Section 107 (Punishment of abetment of offence punishable with imprisonment) or 108 (Abettor present when offence is committed). If yes, convict under Section 302 for both abetment and actual murder. Otherwise, convict under Section 302 only for the murder. Remember, Section 300 is for murder, and Section 302 is for its punishment, so both can't be separate convictions.
Section 299 (Criminal Conspiracy) and abetment (S. 107 IPC) are often confused, but not the same! While conspiracy involves a planned act, abetment is about aiding or inducing someone to commit a crime. Abetment can be implied, but conspiracy requires overt acts. Think of it like pushing someone onto a crime scene; it's the actual act of pushing that constitutes abetment, not just planning it.