Theoretical overview
Abetment is given under chapter 5 of Indian penal code from section 107-120. Abetment means to encourage someone to do something wrong in particular to commit a crime by instigation or by aid or by assistance or by command or by counselling or by encouraging.
A crime has Mens rea and actus reas, but in abetment, the abettor has only Mens rea and the actus reas is of the other party, so it is considered as an inchoate crime
Section 107 States three forms of abetment which are instigation, conspiracy or aid
Abetment by instigation
- It means provoking
- Abettor must actively instigate the abetted person to commit an offence and words, in fit of anger, without any intention can’t be termed as abatement
- Instigation can be direct or indirect
Abatement by conspiracy
Under section 128 of IPC, A mere agreement is considered a substantive offence but in abetment to conspiracy, some overt act on illegal omission is required after the formation of agreement. Section 128 has wider meaning than section 107. For example- servant of house conspired with thieves and didn’t lock the main gate at night.
Abatement by aid
If either prior or at the time of commission of act anyone does anything in order to facilitate the commission, it is said to be aiding. The abettor provides assistance to the abetted.
Section 108 defines what abettor means.
1. Abettor is someone who does the illegal omission. However, a spectator is not an abettor but an act of illegal omission may qualify as an offence. For example- police not taking action.
2. The result is not necessary for holding abettor liable.
3. Abettor is still liable if abetted is not able to complete a crime.
4. Abetment of an abetment is also a crime.
5. It is not necessary that conspiracy is with the person who commits the crime, the only necessity is that the abettor has engaged in the conspiracy. Mere verbal permission or silent ascent would not constitute a crime.
Section 108a of IPC state that, if abetment is outside the India, the offence would still be punishable.
Section 109-120 of Indian penal code States various kinds of punishment for abetment which depends on the nature of the overt act.
Section 305 of Indian penal code also states that if someone abets the suicide of any person under 18 years of age or, an insane person or, any delicious person or, any idiot or, any person in a state of oxidation commits the offence of abetment to suicide which can lead to the punishment with death or imprisonment for life or imprisonment for a term not exceeding 10 years and shall also be liable to fine.
Whereas, on the other hand, section 306 States abetment to suicide when someone abets any person to commit suicide. The main difference between section 306 and section 305 is that section 306 consists of the abetment of any person while section 305 consists of the abetment of a minor or insane person.
Relevant sections
Section 107 – Abetment of a thing.
A person abets the doing of a thing, who—
First.—Instigates any person to do that thing; or
Secondly.—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 doing of that thing; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.
Section 108 – A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused
Section 115 – Abetment of offence punishable with death or imprisonment for life—if offence not committed.—Whoever abets the commission of an offence punishable with death or 1[imprisonment for life], shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; If act causing harm be done in consequence.—and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine
Section 117 – Abetting commission of offence by the public or by more than ten persons.—Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Important case laws
Madan Mohan Singh v. State of Gujrat – the court held that there as a huge time gap between the suicide letter of the deceased and the date of the suicide. Hence the defendant can not be held liable for the abetment.
Girija Prasad v. Emporer (1934) – it was held that the abettor can also be held liable when the abetted commits any other offence in the lieu of abetment.
Points to remember
- Abetment means to encourage someone to do something wrong in particular to commit a crime by instigation or by aid or by assistance or by command or by counselling or by encouraging.
- The abettor has only Mens rea and the actus reas is of the other party, so abetment is considered as an inchoate crime
- Section 108 defines what abettor means.
- Section 108a of IPC state that, if abetment is outside the India, the offence would still be punishable
- Section 109-120 of Indian penal code States various kinds of punishment for abetment which depends on the nature of the overt act.
- The main difference between section 306 and section 305 is that section 306 consists of the abetment of any person while section 305 consists of the abetment of a minor or insane person.