Abetment
Abetment refers to the act of encouraging, assisting, instigating, or facilitating another person to commit an offence. Under Section 107 of the Indian Penal Code (IPC), a person abets an offence if they (a) instigate someone to commit it, (b) engage in a conspiracy for committing it, or (c) intentionally aid the commission of the act. The law recognizes that not only the person who commits the offence but also those who promote, support, or enable the wrongdoing are equally responsible. Abetment may occur through words, gestures, threats, persuasion, or any act that intentionally encourages the commission of a crime. The essence of abetment is active involvement or deliberate support.
Legal Elements and Scope
Section 107 IPC lays down three clear modes of abetment: instigation, conspiracy, and intentional aiding. Instigation involves provoking, inciting, or urging someone to commit a crime. Conspiracy requires an agreement between two or more persons to commit an offence, and the abettor becomes liable even if the offence is not ultimately carried out. Intentional aiding includes supplying tools, giving information, removing obstacles, or any act that facilitates the commission of the offence. Sections 108 and 109 IPC further explain who is an abettor and prescribe punishment. Abetment is treated seriously because it widens the reach of criminal liability to those who operate behind the scenes.
Judicial Interpretation and Importance
Courts have emphasized that abetment requires a mental element—mens rea—reflecting the abettor’s intention to support or encourage the offence. Mere presence at the scene or knowledge of the offence is not enough unless it contributes to the crime. Abetment laws ensure that offenders cannot escape punishment by influencing or manipulating others to do the unlawful act. It is especially important in cases involving suicide, corruption, domestic violence, and organized crime, where instigators often remain in the background. Punishment under Section 109 IPC ensures that abettors receive the same penalty as the principal offender unless the law specifies otherwise.
Real-Time Example
A person repeatedly encourages his friend to assault a neighbour by saying, “Go beat him, nothing will happen,” and even provides a stick for the fight. Motivated and supported by this instigation and assistance, the friend attacks the neighbour. Even though the abettor did not personally commit the assault, he is liable for abetment under Section 107 IPC, as he both instigated and aided the crime. His involvement directly contributed to the commission of the offence.
Mnemonic to Remember – “I-C-A”
Use I-C-A to recall the three modes of abetment under Section 107 IPC:
- I – Instigation
- C – Conspiracy
- A – Aiding intentionally
This mnemonic helps quickly memorize the structure and meaning of abetment in criminal law.
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