Unit II — Inchoate Crimes & Offences Against Women and Children

“The law punishes not only the completed crime but the steps that lead to it — abetment, conspiracy and attempt are crimes in themselves.” — the rationale of inchoate liability

Inchoate Crimes: Abetment, Conspiracy & Attempt

Inchoate (incomplete) crimes punish conduct that falls short of the full offence but is dangerous enough to be criminal in itself.

flowchart TD
    A["INCHOATE CRIMES"]:::root
    A --> B["ABETMENT (Ss.45-60)<br/>instigation / conspiracy /<br/>intentional aid"]:::leaf
    A --> C["CRIMINAL CONSPIRACY (Ss.61-62)<br/>agreement of 2+ to do an<br/>illegal act / legal act by illegal means"]:::leaf
    A --> D["ATTEMPT<br/>proximate act towards the offence<br/>with the requisite intent"]:::leaf

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Abetment (S.45) is committed by instigation, by engaging in a conspiracy (with an act/omission in pursuance), or by intentionally aiding the doing of a thing; the abettor is liable even where the act abetted is not committed (Ss.49–50). Criminal conspiracy (S.61) is the mere agreement of two or more persons to do an illegal act (or a legal act by illegal means) — for serious offences the agreement itself is punishable, no overt act being required. An attempt is a direct movement towards the commission of the offence after preparation, done with the requisite intent — and factual impossibility is no defence.

Offences Against Women and Children

The BNS gathers and strengthens offences protecting women and children: rape (S.63) and its aggravated forms and punishment (Ss.64–70) — including higher minimum sentences where the victim is under 16 (S.65(1)) or under 18 (S.65(2)), and provisions on gang rape (S.70); sexual harassment and assault (Ss.74–79); cruelty by husband or his relatives (S.85) (the old S.498A); dowry death; and offences relating to marriage such as bigamy and deceitful marriage. The Sanhita also adds a distinct offence of sexual intercourse by deceitful means or false promise of marriage (S.69).

✏️ Sample Solved Problem (IRAC Method)

Problem: A breaks open a box intending to steal the jewels he believes are inside; on opening it he finds the box is empty. Is A liable for attempted theft?

I — Issue

Whether a person is liable for attempt where the completion of the offence was factually impossible (the box contained nothing to steal).

R — Rule

Section 62 — an attempt is punishable where the offender does an act towards the commission of the offence with the requisite intent; factual impossibility (an empty receptacle) is no defence.

A — Analysis

The decoy is the empty box — “there were no jewels, so no theft was possible, hence no crime.” But the law of attempt looks to the offender’s intention and his proximate act, not to whether success was actually achievable. A had the dishonest intention to steal jewels and performed a clearly proximate act — breaking open the box — which goes well beyond mere preparation into the realm of attempt. Exactly as with the classic empty-pocket pickpocket, the impossibility of completing the theft does not absolve him, because the culpability lies in the dangerous, intentional conduct directed at the crime. To acquit him would be to reward the fortuity that the box happened to be empty.

C — Conclusion

A is liable for attempted theft under S.62. Factual impossibility is no defence; his dishonest intent plus the proximate act of breaking open the box complete the attempt.

📄 The full bundle (₹199) has the complete Unit II — abetment, criminal conspiracy and attempt, and the full scheme of offences against women and children with the new BNS sections — plus the Question Bank’s model answers to 10 solved problems (abetment chains, transferred abetment, empty-pocket attempt, bigamy with the seven-year presumption). Get Notes + Question Bank — ₹199