Legal Question in Criminal Law in India

Re: abetment

Abetment of a thing:-

According to section 107 of IPC, A person abets the doing of a thing, who-

Firstly :- Instigates any person to do that thing; or

Secondly:- Engages with one or more person or persons in any conspiracy for the doing of that thing, if 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.

Abettor:-

According to section 108 of IPC, 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.

According to IPC Punishment for abetment:-

Section 116: If any person abets the commission of an offence punishable with imprisonment, and if the offence is not committed, the abettor is punishable with imprisonment extending to one forth of the maximum term prescribed for that offence of fine or both.

Section 117: Abetment of an offence committed by the general public or more than 10 persons is punishable with imprisonment of 3 years of fine or both.

Section 118: If any person voluntarily conceals the existence of a design to commit an offence punishable with death or life imprisonment or make any fake representation regarding such design, he shall be punished with imprisonment extending to 7 years and fine if the offence committed, and for 3 years and fine if the offence is not committed.

Section 119: If any public servant who has duty to prevent the commission of an offence, conceals by any act or illegal omission the existence of a design to commit such an offence, with intention to facilitate or knowing it to be likely to facilitate the commission of an offence, he is punishable with

(a) � of the term of imprisonment for the offence if it is committed.

(b) Imprisonment for 10 years if the offence is punishable with death or life imprisonment.

(c) Imprisonment for � of the term prescribed for the offence, if it is not committed.

Section 120: If any person voluntarily conceals the existence of a design to commit an offence punishable with imprisonment with intention to facilitate the commission of the offence or knowing that he will facilitate such commission, he is punishable with

(a) � of the term of imprisonment for the offence if it is committed.

(b) Imprisonment for 1/8 of the term prescribed for the offence, if it is not committed.

Re: abetment

Abetment of a thing:-According to section 107 of IPC, A person abets the doing of a thing, who-

Firstly :-Instigates any person to do that thing; or

Secondly:-Engages with one or more person or persons in any conspiracy for the doing of that thing, if 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.

Explanation 1 :-A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Illustration:-A, a public officer, is authorized by a warrant from a court of justice to apprehend Z, B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets, by instigation the apprehension of C.

Explanation 2 :-Whoever, either prior to or at the time of the commission of an act, dose anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.

Abettor:-According to section 108 of IPC, 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 is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Explanation 3 :-It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilt intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Explanation 4 :-The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Explanation 5 :-It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.