Inchoate Crimes in Nepal

Introduction to Inchoate Crimes in Nepal

Inchoate Crimes or Offenses also known as Incomplete Crimes constitute criminal attempts or intentions towards the completion of Crime including Partial Participation in the Crime.

Chapter 3 of the National Penal Code has furnished the provisions related to Inchoate Offenses in Nepal along with the incorporation of Parties to the Crime into the Act.

Criminal Conspiracy

Criminal Conspiracy occurs when two or more individuals come into agreement to commit a crime together and take substantial steps in carrying out the Crime. The Agreement of committing the crime itself is considered to be a Criminal Act.

In the context of Nepal, Section 33 of the National Penal Code has provisioned for Criminal Conspiracy. Sub-Section 1 has stated that no individual can create a criminal conspiracy in Nepal.

A Criminal Conspiracy, as stipulated occurs when two or more individuals agree to commit a crime and take some substantial step towards committing that crime (even if one or two of them).

If an individual participates in a Criminal Conspiracy to commit a serious offense and if the punishment for such criminal conspiracy hasn’t been provisioned anywhere else, the punishment for the conspiracy is:

1. If the crime that was the subject of the conspiracy is committed, the punishment for that crime applies.
2. If a different crime is committed during the implementation of the conspiracy, and it is a likely outcome of the conspiracy, the punishment specified for that crime applies.
3. If additional crimes are committed in the course of the conspiracy’s implementation and there are probable consequences of it, additional punishment is given for those crimes.
4. If the criminal conspiracy is not yet completed, half of the punishment specified for that crime applies.

Attempt

Attempt refers to actions or conducts that are particular and are committed with the intent to commit a crime but fail to complete the Crime.

Section 34 of the National Penal Code has prohibited an attempt to commit crimes in Nepal. Sub-section 1 has stated that no individual must attempt to commit an offense.

In conditions where a crime can’t be committed given the circumstances surrounding it, an attempt to commit such a crime is still considered to be a Crime.

In General, a person who attempts to commit a crime or cause someone else to attempt it needs to be punished with half of the penalty specified for that crime. However, if the laws specifically prescribe otherwise, it must be taken into consideration.

Abetment

Abetment is the act of helping, encouraging, or supporting individuals involved in the commission of a crime or could be potentially engaged in a crime or could lead to the commission of the Crime.

Provisions related to abetment have been incorporated in Section 35 of the Criminal Code of Nepal. As stipulated in Section 35(1), no person can abet another person or individual to commit an offense. Moreover, if an individual incites another to commit a crime, it is considered to be an abetment to the crime.

The Abettor of the crime is liable to a separate punishment as provided. If not provided, then the following Punishment is applicable:

1. If the crime is committed as a result of the abetment, the abettor will be punished as if they had committed the crime.
2. If the crime is yet to be committed as a result of the abetment, half of the punishment specified for that crime applies.
3. If a different crime is committed by the person abetted, under the influence of the instigation, or as a probable consequence of the abetment, the abettor is punished as if they had committed that crime as well.

Accomplice

An Accomplice is an individual who participates in a crime with the Principal Offender and is also known as Accessories. Accessories are further divided into: Accessories before the Fact, Accessories during the Fact, and Accessories after the Fact.

Provisions regarding Accomplices and Accessories to the Crime have been incorporated in Section 36 of the National Penal Code. As provided for in Sub-Section 1 of Section 36, it is unlawful for individuals to become an accomplice to a crime.

An Accomplice is an individual who aids in the commission of a crime or another Crime hides the offender, helps the escaping offender, provides the means to commit the crime, or assists in the crime to actually commit it.

The Punishment as designated by the act for an accomplice in Nepal are:

1. A person involved in a criminal conspiracy or who aids, provides means, or orders an offense shall be punished as if they had committed that crime.
2. For other accomplices, punishment does not exceed half of the penalty for the crime, depending on their level of involvement.