An abettor may engage with one or more person or persons in any conspiracy for the doing of something in which case he not only instigates but conspires to commit a crime, an act punishable under Section 120-B. Conspiracy consists in combination and agreement by persons to do some illegal act or to effect a legal purpose by illegal means.
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In order to constitute the offence of abetment by conspiracy there must be a combining together of two or more persons in the conspiracy and an act or illegal omission must take place in pursuance of that conspiracy and in order to the doing of that thing.
ADVERTISEMENTS:
It is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. It is also not necessary that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
A mere conspiracy does not amount to abetment. If conspirators are detected before they do more than their discussed plans, with a general intention to commit an offence they are not liable as abettors. In a case of abetment by conspiracy it is immaterial that the persons conspiring together actually carry out the object of conspiracy.
