When several persons take part in the commission of an offence, each of them may contribute in a

manner and degree different from the others to the commission of it. The offence may be committed
by the hands of one person the instigation of another person, while some others may only be
present for offering help at the time of commission of it, and still others may help the principal
culprit in procuring the tools. It is necessary, therefore, to mark the nature and degree of
participation of each of the persons to determine their degree of culpability. However, several
gradations of action do not necessarily imply different measures of guilt with a view to distinctions in
punishment. English Law.Under the English law distinction is made between Principals who may be
of the first second degree and the accessories before and after the fact. Principal The first degree is
one who commits or actually takes part in the commission of a crime. Principal in the second degree
is ope who aids or abets the actual commission of a crime. Whoever directly or indirectly incites,
counsels, procures, encourages or commands any person commit a felony is accessory before the
fact if the felony is committed in consequence thereof. Such a person if present at the time of
commission crime is called Principal in the second date. Whoever knowing that a felony has been
committed by another person, receives, comforts or assists him in order to enable him to escape
from punishment is known as accessory after the This distinction in English Law as is relevant only in
cases of felony but in treason or misdemeanours. illustration-A instigates B to murder M. C
encourages B by saying maro maro and D puls a lathi into his hand. B thereby kills M. E knowing that
had killed M harbours him in order to enable him to escape from arrest. Here B is the person who
commits the offence and is therefore Princip in the first degree. D aids B by putting Tathi into his
hand and is therefore,

Principal in the second degree. A and C are accessory before the fact for they instigate and
encourage to kill M. E is the accessory after the fact for he issists him in escaping from punishment.
Indian Law. The Indian Penal Code makes a broad distinction between principles and abettors but
does not recognise the accessory after the fact except that harbouring of offenders has been made a
substantive offence in some cases Under the Indian Penal Code abetment is constituted in the
following ways (1) by instigating a person to commit an offence: or (2) by engaging in conspiracy to
commit an offence or (3) by intentionally aiding a person to commit an offence Abetment is an
offence only if the act abctted would itself be an offence nunishable under the Indian Penal Code or
under any other law for the time being in force.