Introduction

Criminal law is a body of law that governs the actions of individuals that threatens the safety of the public and tries to minimise the conduct of such activities . Under the social contract theory we citizens have given the right of our protection to the state and hence it is the responsibility of the state to protect us against any danger. Criminal Law takes into account those individuals who have taken part in the commission of the crime directly, and also of those who have contributed to the working of the criminal activity at any period. The different participants of crime are categorised as in the following:

1. Principle of First Degree:

2. Principle of Second Degree:

3. Accessory before the fact.

4. Accessory after the fact.

(Explanation using illustration)

1.  Principle of First Degree:

A principle in the first degree is an Individual who is charged for committing a crime, I.e, by his/her own hand. With the mens rea (criminal intention) to kill.

(Illustration. Anand is the  person who shoots and kills Tom. Here Anand is caught for the Principal of first degree as he/she had mens rea and is engaged in the commission of the crime. He is liable under law as mens rea is proved.)

2. Principle of Second Degree:

A principal in the second degree is a person charged as he/she was present during the criminal action who knowingly helps the crime to work as planned but does not actively participate. (Like a watcher)

(Illustration. Dan was with Anand the whole time, even though he didn’t kill Tom.  Dan is arrested on the principal of second degree. Dan did not commit the crime with his own hand but was present aiding Anand. Therefore he has equal liability as he was completely aware of the plan and had the same mens rea.)

3. Accessory before the fact:

A person who abets, aids, or encourages another individual to commit a crime even though he/she is not present in the scene. An accessory before the fact, is like an accomplice, who can be held criminally liable to the same extent as the principal.

(Illustration. Benin was the person who made the plan against Tom with Anand and Dan. Here Benin was part of the crime and acted as an accomplice so he will be held liable for the Crime, as Accessory before the fact.)

4. Accessory after the fact:

An accessory after the fact is defined as someone who, after the commission of the crime, “harbors, conceals, maintains, or assists the principal offender.” In simple terms “Accessory after the fact” means someone who assists a person who has committed a crime, after the person has committed the crime, with the knowledge that the person has committed the crime, and helps him with the intent to avoid arrest or punishment from the authorities.

(Illustration. Ron is a friend of Dan and after the murder Anand gave the Gun to Dan to dispose, Dan while trying to dispose the gun and to hide from the police and stayed in Ron’s house and narrated the whole situation to Ron, who agreed to aid him. Here, Ron can be also arrested for hiding a murder weapon and criminal. Here Ron, who wasn’t in the crime place knowing the situation, intentionally aided Dan and can be arrested for being an accessory to the crime after the incident.)

Conclusion

Criminal participation arises when more than one person is involved in the commission of a crime. Even though there are individuals who single handedly commits crime, but still law has made it clear that any person involved in committing the crime will not be left untouched, but will be arrested and tried,

The principle of first degree, principle of second degree, accessory before the fact and accessory after the fact make the citizens understand that anyone involved in committing the crime will be arrested on these grounds and punished.

Aishwarya Says:

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