Abetment under Section 107, IPC – Instigation, Conspiracy, Aid
Sometimes, indirectly participating in committing an offence itself may
also become a punishable offence. In such crimes, the offenders do not
directly involve themselves in the offence. However, their abetment
can become punishable in itself. These offences relate to Section 107,
IPC under the chapter of abetment.
Section 107, IPC
Abetment under Section 107, IPC
Chapter 5 of the Indian Penal Code, 1860 deals with offences relating to
abetment. Abetment basically means the action of instigating,
encouraging or promoting a person into committing an offence. It can
also mean aiding the offender while he is committing a crime.
When more than one person contributes to committing an offence,
each person’s involvement may vary. This variation may be either in the
manner or in the degree to which the involvement occurs.
For example, one person may procure a gun and hand it over to
another who may shoot somebody with it. The former person is guilty
of abetment, while the latter commits murder.
Definition of Abetment
The definition of abetment under Section 107, IPC requires a person to
abet the commission of an offence. This abetment may occur in any of
the three methods that the provision prescribes.
The Section says that abetment basically takes place when a person
abets the doing of a thing by:
(1) instigating a person to do that thing; or
(2) engaging with another person (or persons) in a conspiracy to do that
thing; or
(3) intentionally aiding a person to do that thing.
When any of these requirements exists, the offence of abetment is
complete. Sometimes a person may commit more than one of these
three circumstances in a single offence.
(1) Abetment by Instigation
Instigation basically means suggesting, encouraging or inciting a person
to do or abstain from doing something. Instigation may take place
either directly or indirectly, by written or oral words, or even by
gestures and hints.
The instigation must be sufficient to actively encourage a person to
commit an offence. It should not be mere advice or a simple
suggestion. The Instigator need not even possess mens rea (a guilty
intention to commit the crime).
Explanation 1 of this Section throws some lights on what instigation
may mean in this context. It says that instigation may generally happen
even by:
(a) wilful misrepresentation; or
(b) willful concealment of a material fact which a person is bound to
disclose.
For example, a court directs Amit, a police officer, to arrest Raj under
an arrest warrant. Brijesh informs Amit that Chandan is Raj despite
knowing that he is not. Under this misrepresentation, Amit ends up
arresting Chandan instead of Raj. In this case, Brijesh is guilty of
abetting Amit in wrongfully apprehending Chandan.
(2) Abetment by Conspiracy
Conspiracy basically means an agreement between two or more
persons to commit an unlawful act. Merely intending to commit an
offence is not sufficient for this purpose.
Thus, the conspirators must actively agree and prepare themselves to
commit that offence, it becomes a conspiracy. Furthermore, the act
which the conspirators conspire to commit itself must be illegal or
punishable.
For example, in dowry death cases, the in-laws of the victim are often
guilty of abetment by conspiracy. They may do so by constantly
taunting, torturing or instigating the victim. Even suicides may take
place in this manner through abetment by conspiracy.
(3) Abetment by Aiding
The third manner in which abetment may take place is by intentionally
aiding the offender in committing that offence. This generally happens
when the abettor facilitates the crime or helps in committing it. The
intention to aid the offender is very important.
For example, merely giving food or clothing to an alleged offender may
not be punishable. But giving him food, clothing and shelter to help him
hide from the police or commit a crime is punishable.
Punishment for Abetment
Abetment of certain offences is punishable under specific Sections of
IPC or under other laws. For example, abetment of suicide is punishable
under Section 306. However, when no specific provision exists, the
abettor will be punished with the punishment prescribed for that
particular offence he has abetted.
