ABETMENT

Section 107 to 120

SECTION 107: Abetment of a thing

A person is said to abet the doing of a thing, who:

1. Instigates any person to do that thing,

2. Engages with one or more other person or persons in any
conspiracy for the doing of that thing,
3. Intentionally aids, by any act or illegal omission, the doing
of that thing.
 KINDS OF ABETMENT
➔ Instigation (clause 1)
➔ Conspiracy (clause 2)
➔ Intentional aid (clause 3)
 Abetment by instigation
Instigation’ means to suggest or stimulate a person to do act
by means of language, made directly or indirectly, in the form
of express solicitation or encouragement or mere gesture
indicating beating, etc. It may even be by active concealment.
Advice per se does not necessarily amount to instigation.
Advice amounts to instigation only if it was meant to actively
suggest or stimulate the commission of an offence.
Sanju v. State of MP
Husband told wife to “go and die” in a heated argument. Wife
committed suicide in a couple of days. Dying declaration that
husband instigated. Court held that mere pronouncing of the
phrase “go and die” does not amount to abetment in any
form. The element of mens rea has to be present necessarily.
 Abetment by conspiracy
● The person abetting must engage
with 1 or more other persons in a
conspiracy
● The conspiracy must be for doing
the thing abetted
● An act or illegal omission in
pursuance of the conspiracy and
inorder to do the doing of that
thing
Joint liability of each conspirator
 Abetment by intentional aid
● Aid must be actually afforded by means
of an act or illegal omission
● There must be an intention to aid
● The commission must be facilitated
● Act or omission must take place either
prior to or at the time of commission
of the act intended to be aided.
“Aid to constitute abetment must snowball
into intentional aiding”
Active complicity is the most important
element
 Liability of abettor by intentional aid when substantive
offence not proved
The liability of an abettor is coextensive with the principal offender. If there
is abetment by instigation or abetment by conspiracy, then even though the
act was committed or not, the abettor will be liable for abetment. But only in
the case of abetment by intentional aid, if the act is not completed by the
principal offender, the abettor cannot be held liable.
Jamuna Singh v. State of Bihar.
In this case, the person who allegedly set the hut on fire was acquitted
because of the non establishment of substantive evidence. Consequently, the
Supreme court held that no person can ever be convicted for the abetment if
the person allegedly responsible for the offence committed has been acquitted
because the measure of guilt of abettors depends upon the nature of the act
committed and the manner in which it was executed.
 Section 108: abettor
● The person must abet the commission of an offence
● The abetted person need not be capable of committing the
offence.
● Explanation 1 states that the abetment of an illegal
omission is also an offence.
● Explanation 2 states that it is not necessary that the
abetted act must be committed. Effect is immaterial.
● Abetment of an abetment is also an offence.
 Abetment of suicide
Section 305- Abetting suicide of child or insane person

Section 306- Abetting suicide

In dowry death cases, the primary charges on the husband

and the relatives will be Section 306.

1. CASE 1: husband/any relative can be held liable as an

abettor for instigating his wife to commit suicide.
2. CASE 2: The relative of the husband/any person can be
held liable for instigating her husband to kill her.
 By
Cognizable Bailable
what
Section Offence Punishment or non- or non-
court
cognizable bailable
triable

Abetment of any
offence, if the act
According as According
abetted is Court by
offence as offence
committed in which
Same as for abetted is abetted is
109 IPC consequence, and offence
offence abetted cognizable or bailable or
where no express abetted
non- non-
provision is made is triable
cognizable bailable
for its
punishment.

Abetment of any
offence, if the According as According
Court by
person abetted offence as offence
which
does the act with Same as for abetted is abetted is
110 IPC offence
a different offence abetted cognizable or bailable or
abetted
intention from non- non-
is triable
that of the cognizable bailable
abettor.

Abetment of any According as According

Court by
offence, when one offence as offence
Same as for which
act is abetted and abetted is abetted is
111 IPC offence intended offence
a different act is cognizable or bailable or
to be abetted. abetted
done; subject to non- non-
is triable
the proviso. cognizable bailable

Abetment of any Same as for According as According Court by

113 IPC
offence, when an offence offence as offence which
 effect is caused committed abetted is abetted is offence
by the act abetted cognizable or bailable or abetted
different from that non- non- is triable
intended by the cognizable bailable
abettor.

According as According
Abetment of any Court by
offence as offence
offence, if abettor Same as for which
abetted is abetted is
114 IPC is present when offence offence
cognizable or bailable or
offence is committed abetted
non- non-
committed. is triable
cognizable bailable

Abetment of an
offence,
According as
punishable with Court by
offence
death or Imprisonment which
abetted is non-
115 IPC imprisonment for for 7 years and offence
cognizable or bailable
life, if the offence fine. abetted
non-
be not committed is triable
cognizable
in consequence of
the abetment.

According as
If an act which Court by
offence
causes harm be Imprisonment which
abetted is non-
done in for 14 years and offence
cognizable or bailable
consequence of fine. abetted
non-
the abetment. is triable
cognizable

Abetment of an Imprisonment According as According Court by

offence, extending to a offence as offence which
116 IPC punishable with quarter part of abetted is abetted is offence
imprisonment, if the longest term cognizable or bailable or abetted
the offence be not provided for the non- non- is triable
 committed in offence or fine, cognizable bailable
consequence of or both.
the abetment.

If the abettor or
Imprisonment According as According
the person Court by
extending to half offence as offence
abetted be a which
of the longest abetted is abetted is
public servant offence
term provided cognizable or bailable or
whose duty it is to abetted
for the offence non- non-
prevent the is triable
or fine, or both. cognizable bailable
offence.

According as According
Abetting the Court by
offence as offence
commission of an Imprisonment which
abetted is abetted is
117 IPC offence by the for 3 years, or offence
cognizable or bailable or
public or by more fine, or both. abetted
non- non-
than ten persons. is triable
cognizable bailable

Concealing a
design to commit According as
Court by
an offence offence
Imprisonment which
punishable with abetted is non-
118 IPC for 7 years, or offence
death or cognizable or bailable
fine, or both. abetted
imprisonment for non-
is triable
life, if the offence cognizable
be committed.

According as
Court by
offence
Imprisonment which
If the offence be abetted is
for 3 years, or Bailable offence
not committed. cognizable or
fine, or both. abetted
non-
is triable
cognizable
 A public servant
concealing a Imprisonment According as According
Court by
design to commit extending to half offence as offence
which
an offence which of the longest abetted is abetted is
119 IPC offence
it is his duty to term provided cognizable or bailable or
abetted
prevent, if the for the offence non- non-
is triable
offence be or fine, or both cognizable bailable.
committed.

According as
If the offence be Court by
offence
punishable with which
Imprisonment abetted is Non-
death or offence
for 10 years cognizable or bailable
imprisonment for abetted
non-
life. is triable
cognizable

Imprisonment
According as
extending to a Court by
offence
quarter part of which
If the offence be abetted is
the longest term Bailable offence
not committed. cognizable or
provided for the abetted
non-
offence or fine, is triable
cognizable
or both

Concealing a Imprisonment
According as According
design to commit extending to a Court by
offence as offence
an offence quarter part of which
abetted is abetted is
120 IPC punishable with the longest term offence
cognizable or bailable or
imprisonment, if provided for the abetted
non- non-
offence be offence or fine, is triable
cognizable bailable.
committed or both

If offence be not Imprisonment According as Bailable Court by

committed extending to offence which
one-eighth part abetted is offence
of the longest cognizable or abetted
term provided non- is triable
for the Offence cognizable
or fine, or both.