ACCESSORIES LIABILITY:

The accessory is liable for the principal’s offences and prosecuted as a principle, and he must
be an accessory to a specific crime like murder, theft etc. And the accessories offence of
secondary liability has its own actus reus and mens rea which must be proved before he can be
convicted1.

ELEMENTS OF ACCESSORIES LIABILITY:

AIDING:

This means if a person helps perhaps by acting as a lookout while another burgled premises or
by supplying the assassin, to the person with some arms. It is generally considered that though
the persons aid did not actually help the other in commission of crime, but still he will be liable
for the crime2.

ABETTING:

The natural meaning of ‘abet’ is to incite, instigate or encourage. For proving that one person
had abetted other it is required at least that he is having authority, encouraged, or approved to
do the relevant acts3.

COUNSELLING:

Counselling is also one way of committing actus reus for being a secondary party when crime
is committed. To counsel means to advise or solicit or to encourage4.

PROCURING:

To procure means “produce by endeavour”. There must be a cause link between what a person
does and the commission of crime, then ony one can say that procuring is done by the secondary
party5.

1
R V Bryce [2004] 2 Cr. App. R. 592
2
R v Anderson and Morris [1966] 2 QB 110
3
Swindell and Osborne [1864]
4
R v calhaem[1985] QB 808
5
R v Millard [1994] crim LR 527
MENS REA OF THE SECONDARY PARTY:

Mens rea requirements of the secondary party are a bit complex but can be summarized.

The secondary party must intend to assist or encourage the principal offender’s conduct or in
the case of procuring, to bring the offence about and the secondary party must have knowledge
as to the essential elements of the principal’s offence. This includes an awareness that the
principal might act with mens rea6.

ACESSORY’S INTENTION:

It must be proved that the person is intended to do the acts which he knew to be capable of
assisting or encouraging the commission of the crime. There are two elements, that an intention
to perform that the act is capable of encouraging or assisting and an intention, or a belief, that
act will be of assistance. When a person supplies weapons to another, which that person uses
in murder, proof of his intention will turn on whether that he hands it over to second person
accidentally or he intended that his handing over would assist him in commission of crime7.

IMPLIED CONSENT BY ACCESSORIES BEFORE, AT AND AFTER THE CRIME:

Under joint liability at least two persons are involved, the larger number of persons may be up
to unlimited numbers. Numerous persons suffer joint criminal liability because of the illegal
act done by them jointly or they are related with the act more or less role. In cases of Joint
liability, it is not necessary that the quantum of punishment be provided equal to all accused.
Unequal punishment may also be provided according to the unequal role played by the different
accused, but one thing is sure that all the persons are part of the illegal act. It is the joining in
an act which makes all the accused jointly liable8.

In criminal law three types of Accessory are recognised

(a) Accessory before the crime

(b) Accessory at the crime

(c) Accessory after the crime

6
National coal board v gamble [1959] 1 Q 11
7
Wilcox v Jeffery, All England Law Reports (King's Bench Division, 1951).
8
AIR 2008 SC 3113.
Accessory before the crime are Abettor, conspirator. Accessory at the time of doing crime are
accused of joint liability (principal). Accessory after the crime are generally harbourer, assist
in escape etc. Generally, the accused who share in the commission of the crime (Accessory at
the crime) are punished with equal punishment. But Accessories before the crime can be
punished with unequal punishment particularly when one person is abettor other is doer.
Accessories after the- commission of the crime are punished with lesser punishment in
comparison with the actual doer. Hence all the persons who joined either before or at or after
commission of the crime are companion of each other and attract criminal liability.

The relevant Sections described under joint liability are 34-38, 114, 149, 396 and 460 of The Indian
Penal Code. These are the sections where joint criminality liability is determined hence equally
punished as if the offence has been committed by him alone

ABETMENT UNDER INDIAN PENAL CODE.

Abetment is the most committed crime in India regarding secondary liability. Therefore, it is
important to know the accessories liability Under the Indian Penal Code a person becomes
liable as an abettor if he instigates another to commit a crime or engages in a conspiracy with
another to commit a crime and some act is done in furtherance of such conspiracy or if he
intentionally aids another in order to facilitate the commission of a crime 9. The term ‘abet’ in
general usage means to assist, advance, aid, conduce, help and promote10.

In a famous case court has defined word ‘abet’ as “meaning to aid; to assist or to give aid; to
command, to procure, or to counsel; to countenance; to encourage; induce, or assist, to
encourage or to set another one to commit.”

Cases:

1.R V CALHAEM [1985] QB 808

2.EMPORER V. NIRMALA KANT ROY [1914] 41Cal.1072
3.R V. JOGEE [2016] UKSC 8

9
IPC SEC-106
10
Karter Singh v state of Punjab 1994 Cri LJ 3139