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Abetment: India Penal Code Legal Reasoning

The document discusses the legal concept of abetment under the Indian Penal Code. It defines abetment as aiding, assisting or encouraging another person to commit an offense. Abetment can occur through instigation, conspiracy or intentionally aiding the commission of a crime. The document provides examples of different types of abetment and clarifies that abetment is a substantive offense where one can be held liable for instigating or aiding a crime, regardless of whether the intended offense was actually committed or not.

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54 views29 pages

Abetment: India Penal Code Legal Reasoning

The document discusses the legal concept of abetment under the Indian Penal Code. It defines abetment as aiding, assisting or encouraging another person to commit an offense. Abetment can occur through instigation, conspiracy or intentionally aiding the commission of a crime. The document provides examples of different types of abetment and clarifies that abetment is a substantive offense where one can be held liable for instigating or aiding a crime, regardless of whether the intended offense was actually committed or not.

Uploaded by

viren duggal
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Abetment

India Penal Code


Legal Reasoning
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Introduction
What is abetment?

Supreme court defined ‘abet’ as meaning to aid, to assist or


to give aid, to command, to procure, or to counsel, to
countenance, to encourage, or encourage or to set another
one to commit. The definition of ‘abet’ as laid down, makes it
clear that abetment only occurs when there are at least two
person involved, which further directs us towards the
arrangement and operation of the act.

Abetment is a substantive offence where the commission of


offence is not considered, one is held liable for mere
instigating, conspiring and aiding other for the commission
of the offence.
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Question
a publican( the person who manages a pub or a bar) by
not making any effort to make his customers leave the
premises after the pub was closed?

Is this abetment ?

a girl, following up on her mom’s guidelines, gave some


powder to her dad to calm his cold. Obscure to the little
girl, it was a toxic substance and consequently the father
died.

Is this abetment?
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Abetment under IPC

Abetment consist of three act which is laid down in section


107:

1. Abetment by instigation:
2. Abetment by conspiracy
3. Abetment by illegal act

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Abetment under IPC
Abetment consist of three act which is laid down in section 107:

1. Abetment by instigation: In common it is said that one can motivate


other in two possible ways which is motivating one for good cause and
motivating other for bad cause which is abetment by instigation and
hence, held liable for such instigation irrespective of the act abetted be
committed or not. The element of intention plays an important role in
determining whether a person is guilty or not. He must have intentionally
done something which amounted to instigation for another to do an illegal
act.

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.

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Abetment under IPC
Abetment by instigation is of two types. They are:

1. Direct instigation – an act which is done on the direct command and


active simulation of another person.
2. Instigation by letter – an act committed by instigation through posts or
letters. The offence of instigation completes as soon as the addressee
i.e., the person who is being abetted comes to know of such a thing.

Illustration: A, a public officer, is authorized by a warrant by court of


justice to apprehend Z. B, knowing that fact that C is not Z, willful
represent to A that C is Z, and thereby intentionally causes A to
apprehend C. Here B abets by instigation the apprehension of C.
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Question

There was a fight between the husband and wife. In the


heated arguments, the husband told the wife to “go and
die”. After two days, the wife committed suicide and there
was a dying declaration of the deceased.

There was a woman named Sumana and her husband.


Sumana’s husband was not able to repay his loan for a
long time. In frustration, he brought poison and said:
“consumed it and die”. In that emotional mood, Sumana
consumed it and died.
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Question

There was a husband who was living separately


with another woman leaving his wife at her in
laws place from where she was not allowed to go
anywhere outside the house. Upon the instigation
both by his girlfriend for second marriage and by
his parents for the dowry money, he murdered
his wife.

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Abetment by conspiracy

Conspiracy basically means an agreement between two


or more persons to commit an unlawful act. Merely
aiming to commit an offence isn't sufficient for this
purpose.

For example, in dowry death cases, the in-laws of the


victim are often guilty of abetment by conspiracy. they'll
do so by constantly taunting, torturing or instigating the
victim. Even suicides may happen during this manner
through abetment by conspiracy.

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Abetment by aiding
A person who abets by intentionally aiding commits
certain acts enumerated hereunder:

1. Doing an act directly assisting the commission of the


crime
2. Illegally omitting to do a thing which one is bound to
do
3. Doing an act which may facilitate the commission of a
crime by another

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Abetment by aiding
In a case where a lady advocate was attending the
chamber of her senior advocate, the accused. On the
day of the incident she was talking with the accused at
her residence. At that moment in his presence, she
poured kerosene on her and set herself on fire. The
accused did nothing to save her.

Abetment ? Yes or no?

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Abetment by aiding
A man does not try to stop her wife from committing
suicide when she threatened him about that.

If a driver allowed a child to drive knowing that the child


did not know driving, accident happens

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Section 108
● Abettor.— 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 commit-
ting an offence with the same intention or knowledge as that of the
abettor.

● Explanation —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.

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Illustrations

(a) A instigates B to murder C. B refuses to do so. A is guilty of


abetting B to commit murder.

(b) A instigates B to murder D. B in pursuance of the instigation


stabs D. D recovers from the wound. A is guilty of instigating B to
commit murder.

Explanation — It is not necessary that the person abetted should be


capable by law of committing an offence, or that he should have the
same guilty intention or knowledge as that of the abettor, or any
guilty intention or knowledge.

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Illustrations
● (a) A, with a guilty intention, abets a child or a lunatic to commit an
act which would be an offence, if committed by a person capable by
law of committing an offence, and having the same intention as A.
Here A, whether the act be committed or not, is guilty of abetting an
offence.

● (b) A, with the intention of murdering Z, instigates B, a child under


seven years of age, to do an act which causes Z’s death. B, in
consequence of the abetment, does the act in the absence of A and
thereby causes Z’s death. Here, though B was not capable by law of
committing an offence, A is liable to be punished as an abettor.

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