Withdrawal Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Withdrawal, written in plain English, along with examples of how it is used.

What is Withdrawal?

(n) When someone is involved or participated in the planning and preparatory stage of a crime, whether knowingly or unknowingly, and depart from that act, conspiracy or crime, before actual execution of the act or crime, either by knowing the real intention and effect of the crime or otherwise , such departure is named as withdrawal

History and Meaning of Withdrawal

Withdrawal refers to the departure of an individual from a conspiracy to commit a crime or a plan to carry out an illegal act. This departure could be voluntary, or due to various other factors such as personal reasons or unforeseen circumstances. Withdrawal can occur at any stage of the conspiracy, and it is essential to understand that mere withdrawal from the crime without taking any steps to prevent it from happening may not be enough to escape criminal charges.

In legal terms, the withdrawal can be considered an affirmative defense, where the individual can claim that they withdrew from the conspiracy before the crime was committed, and thus, should not be charged. However, the withdrawal defense may not be accepted if the individual is deemed to have continued to support or participate in the conspiracy in any other way.

Examples of Withdrawal

  1. A group of individuals plan to rob a bank, and one of the members withdraws from the conspiracy before the day of the crime after learning about the potential consequences of their actions.
  2. Two individuals plan to commit a murder, and one of them decides to withdraw from the plan after learning that the victim is an acquaintance.
  3. A person was part of a group that planned a robbery. He later told his friends that he was not comfortable with the plan and would no longer be involved.

Legal Terms Similar to Withdrawal

  1. Renunciation: A defense that can be used by an individual who voluntarily and completely renounces any intention to engage in criminal activity.
  2. Accessory: One who helps another commit a crime, either before or after the crime, but who is not present during the actual commission of the crime.
  3. Conspiracy: An agreement between two or more persons to commit a crime or to carry out an unlawful purpose.