Abetment U/S 107 IPC BY AKSHIT GUPTA @LEXCLIQ

Abetment 

Under section 107 a person abets the doing of a thing who: 

  • Instigates any person to do that thing or 
  • Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in order to the thing of that thing; or 
  • Intentionally aids, by any act or illegal omission, the doing of that thing 

In other word if a person by willful misrepresentation or by willful concealment of facts which he is bound to disclose but he didn’t and later it was find out that he knows that fact, will be held liable for instigating or it will be presumed that he was going to do illegal act. 

Example: 

 A is a public officer and it was held by court to produce B in court through warrant. C knowing that A (police officer) caught the wrong person thinking him as B, knowing the fact C still didn’t disclose this information to A and let him produce him before the court. Here C is instigating the apprehension of B . 

Many people can participate in a a offence while in some cases the offence may be committed by only one person but there might be other person available who are there to help when needed for commission of the act. It is necessary to mark the nature and degree in which the aid was given and the culprit will be held liable on the basis of that. 

The principal is the one by whom act was committed an are charged under first degree. In Indian penal code a broad distinction is made between principle and abettor but not between the accessories who aids in committing of that offence.  

Under IPC abetment is constituted in following ways: 

  • By instigating a person to commit an offence or  
  • By engaging in a conspiracy to commit an offence or 
  • By intentionally aiding a person to commit an offence.  

Instigation 

Instigation means the act of inciting another to do a wrongful act by way of counselling, suggestion, encouragement, procuring, or commanding another do such act. If there has to be an offence made on instigation there has to be sufficient instigation done by a person to motivate another person to do such offence. Instigation done by language.  

For example: 

  • A want to break in the house of a person for theft. B and C his friends after discovering that he is going for theft persuaded him and also asked him to pick few items for them here B and C is liable for abetment and A is liable for theft.  
  • A want to murder C but before going ahead he asked B his friend that he is going to murder C in reply B said Do as u like here B can’t be said to abet him for murder infect, he seems to be not interested in the acts of Instigation means some active suggestion or stimulation done by other party to the commission of the offence. 

Instigation By Letter: 

Instigation may be direct or it may be by letter. Where A write a letter to B instigating thereby to murder C, A will be held liable as soon as the content of letter is known to B. if the letter never reaches B it’s only an attempt to abetment but not the actual abetment so in this case A won’t be charged.  

Direct Instigation: 

Instigation is direct where one commands, orders, counsels, or encourages directly to do an act. For instance, A orders B to shoot C. Here A would be held liable for abetment.  

Abetment by conspiracy 

Abetment by conspiracy means when one or more persons engage in a conspiracy for the doing of a thing or an act or illegal omission takes place which means not doing something which they are bound to do. Conspiracy means an agreement between two or more persons to do an illegal act or to do an act which is not illegal by illegal means.  

If the persons are caught before they do something which comes under conspiracy or don’t do as per their plan and get caught before that that wouldn’t amount to abettors. However, if their plan was to commit an offence, they would be liable for conspiracy under section 120-B of the IPC 

 

Abetment by Aid 

A mere giving of an aid wont amount to offence if the person giving help don’t know of the offence being committed but if the person aiding knows of the offence being committed and willingly give his help will amount to abetment.  

Mere presence at the commission of an offence doesn’t amount to intentional aid, unless it was intended to have that effect. To be present and aware that an offence is about to be committed does not constitute abetment unless the person so present holds some position of authority or influence of such a nature that his presence would amount to direct instigation or motivation or encouragement, he is liable 

The abetment of offence is in itself a substantive offence. Abetment is an offence with in meaning of the term under section 40, IPC also. Therefore, attempt to commit the offence of abetment will be well covered by the provision of section 511 of the code.  

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