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Punishing Abetment of An Offence
Punishing Abetment of An Offence
2019-20.
Submitted by:
Aridaman Raghuvanshi
Submitted to:
August, 2019
In criminal law, there are four stages to the commission of any crime
Different legal systems choose to punish an individual at different stages of the commission of
the crime. Such a choice will be made depending upon the emphasis given by the legal system to
prevent and discourage crimes. There are sometimes when the individual incites another to
commit a crime for him, thus absolving him of any actus reus and thereby any responsibility for
the crime. Through the offence of incitement and abetment, the legal system takes a strong stand
against any wrongful act of an individual that leads to the commission of a crime. Such inchoate
crimes therefore help reduce the number of crimes that are committed in the society.
The offence of abetment is committed when a person does not commit the crime he wishes to
commit, by himself, but urges or persuades another to commit the act. In order for the act
committed to be abetment, one must merely provide support, command or order another to
commit the act and must not be the one to commit it himself. Laws relating to the definition of
the crime, punishment duration and other particulars are mentioned from Section 107-120 in
Chapter V of the Indian Penal Code.
The researcher’s prime aim is to explain abetment as defined under IPC, 1860.
The researcher aims to descriptively provide a critical overview of the types of
punishment as discussed under IPC, 1860.
The researcher’s main goal is to discuss the kind of punishment awarded for abetment
and its jurisprudence.
HYPOTHESIS
The quantum of punishment given to abettor for the abetment of an offence should not be
at par with the principal offender.
RESEARCH QUESTIONS
What is Abetment of an offence as given in Indian Penal Code, 1860?
RESEARCH METHODOLOGY
The researcher has adopted for the doctrinal form of research methodology using the published
articles, journals, books and previous research works.
SOURCES OF DATA
PRIMARY: Articles
TENTATIVE CHAPTERISATION
1. Introduction
2. Historical background of Inchoate Offence
3. Abetment as defined under section 107 and 108 of IPC,1860
4. Punishment for abetment
5. Conclusion and suggestion
6. Bibliography