1|P a ge

JAMIA MILLIA ISLAMIA 2021-2022

PROJECT TITLE - ABETMENT

SUBMITTED BY – ZUBAIR AHMAD

SUBMITTED TO – ASST. PROF DR.ALISHA KHATOON

PROGRAMME NAME- B.A.LL.B (HONS.)

BATCH-2020-2025 (SELF FINANCE)
YEAR-2ND
SEMESTER – 4TH
SUBJECT –CRIMINAL LAW

ROLL NUMBER-69
STUDENT ID – 202003881

EMAIL ID –zubairsayyed.420@gmail.com
2|P a ge

Table of Contents
Introduction............................................................................................................................................. 3
Meaning of Abetment ............................................................................................................................. 3
Section 107 of Indian Penal Code ......................................................................................................... 3
Section 108 of Indian Penal Code ............................................................................................................ 6
[Section 108A] Abetment in India of offences outside India. ................................................................ 7
Punishment of Abetment ......................................................................................................................... 7
Section 109.......................................................................................................................................... 7
Section 110.......................................................................................................................................... 8
Section 111 ............................................................................................................................................. 8
Section 112.......................................................................................................................................... 9
Section 113.......................................................................................................................................... 9
Section 115 ........................................................................................................................................ 10
Section 116 ........................................................................................................................................ 11
Section 117 ........................................................................................................................................ 12
Section 118........................................................................................................................................ 12
Section 119........................................................................................................................................ 13
Section 120........................................................................................................................................ 14
Conclusion ............................................................................................................................................ 14
Bibliography .......................................................................................................................................... 14
3|P a ge

ABETMENT

Introduction
Sometimes the guilty thoughts came in the mind of human but the human has no motivation to
execute this guilty thought when someone instigate this motivation to execute this guilty thought
the person might execute his mens rea in form of actus rea.

This instigation is called ‘Abetment’. The stage between initiation and execution of a crime is
instigation. Our penal laws has codifies certain sections for penalizing this act. In Indian Penal
Code from section 107 to section 120 talks about ‘Abetment’ and its Punishments.

Meaning of Abetment
The term 'abet' in general usage means to assist, advance, aid, conduce, help and promote. The
word 'abet' has been defined as meaning to aid; to assist or to give aid; to command, to procure,
or to counsel; to countenance; to encourage; induce, or assist, to encourage or to set another one
to commit 1. The person who is abetting the actual perpetrator of the offence is known as abettor
whereas the perpetrator is called as abetti. the definition of abetment is lies under section 107 of
IPC.

Section 107 of Indian Penal Code ,

A person can abets the offender by three ways which are discussed as follows,

 (First) — Instigates any person to do that thing;

A person is said to instigate another when he urges forward or provokes, incites, urges or
encourages such person to do an act prohibited by law. It is often considered that one can
motivate another in two ways: for a good purpose and for a harmful cause, which constitutes
abetment through instigation, and therefore, held accountable for such incitement regardless of
whether the act assisted is accomplished or not Instigation may be in any form2.

1
Kartar Singh vs State Of Punjab, 1961 AIR 1787.
2
“Abetment,” Legalserviceindia.com, 2022available at: https://www.legalserviceindia.com/legal/article-
2753-abetment.html (last visited May 14, 2022).
4|P a ge

Law does not require instigation to be in a particular form or that it should only be in words. The
instigation may be by conduct. There needs to be a close causal connection between instigation
and the act committed.

A person is said to instigate another to do a thing when he actively suggests, stimulates, supports,
hints or insinuates the commission of the act.3

A mere association of the accused with the perpetrator of an offence does not make him an
abettor unless it is proved that he instigated or had intention either in aiding or in commission of
the offence4.

A person who is a silent spectator and takes no active part in the commission of offence is not
abettor. Whether there was instigation, is a question of fact. However, it is not necessary in law
for the prosecution to prove that the actual operative cause in the mind of the person abetting was
instigation and nothing else, so long as there was instigation and the offence has been committed
or the offence would have been committed if the person committing the act had the same
knowledge and intention as the abettor. The instigation must be with reference to the thing that
was done and not to the thing that was likely to have been done by the person who is instigated.
It is only if this condition is fulfilled that a person can be guilty of abetment by instigation 5.

A mere word, without necessary intent to incite a person, uttered in quarrel or in a spur of the
moment or in anger does not constitute 'instigation'.20 Another form of instigation is that of
approval of an act . While generally passive or unresponsive approval21 may not necessarily be
considered to be instigation, there are specific instances when approval has been held to be
instigation, as for example, in instances of committing sati, when a widow immolates herself in
the funeral pyre of her husband. When members of the funeral procession of her husband
applauded her resolve by shouting Sati Mata ki Jai, they were held to have instigated her to
commit sati, as their approval of the woman's act by participation in the procession gave her
encouragement to commit suicide 6.

3
Goura Venkata Reddy v State of AP, (2003) 12 SCC 469 [LNIND 2003 SC 1004]
4
Muthammal v Maruthatla (1981) Cr LJ 833(Mad) .
5
Trilochan v Karnail AIR 1968 Punj 416.
6
Tej Singh v State of Rajasthan AIR 1958 Raj 169, pp 171-172.
5|P a ge

 (Secondly) —Engages with one or more other person or persons in any conspiracy
for the doing of that thing, if an act or illegal omission takes place in pursuance of
that conspiracy, and in order to the doing of that thing; or

An act or illegal omission must take place in pursuance of the conspiracy and in order to the
doing of the thing conspired for. But in the offence of conspiracy, the very agreement or plot is
an act in itself and is the gist of the offence.7As the Supreme Court explained, the distinction
between conspiracy referred to inthe second clause of s 107, and the provision of conspiracy in s
120-A is that in the former offence, a mere combination of persons or existence of agreement
between them is not enough. An act or illegal omission should have taken place in pursuance of
the conspiracy and in order for the commission of the conspiracy, conspired for; in the latter
offence, the mere agreement, if it is one to commit an offence, is sufficient 8.

 (Thirdly) — Intentionally aids, by any act or illegal omission, the doing of that
thing9.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of
a material fact which he is bound to dis-close, voluntarily causes or procures, or attempts
to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend

Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby
intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitate the commission
thereof, is said to aid the doing of that act

In Sunder v State10 , the Allahabad High Court has ruled that only the charge of abetment by
intentional aid fails when the person alleged to have committed that offence is acquitted of that
offence. Conviction of the alleged abettors accused of abetment by aiding cannot obviously

7
Pramatha Nath Talukdar v Saroj Ranjan Sarkar AIR 1962 SC 876, (1962) Cr LJ 770(SC) .
8
bid, para 16. Also see Kehar Singh v State (Delhi Administration) AIR 1988 SC 1883; Ranganayaki v State by
Inspector of Police (2004) 12 SCC 521. For further comments on s 120-A, see ch 17: Conspiracy, below.
9
Section 107 of IPC
10
48 (1995) Cr LJ 3481 (All).
6|P a ge

sustain as it postulates commission of the principal offence. If the perpetrator commits no

offence, the aiding by another person, ostensibly becomes impossible11.

Section 108 of Indian Penal Code

Section 108 talks about abettor without abettor the offence abetment is not constituted, IPC says
in section 108.

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 12.

 In Explanation of this section The Abetment of an illegal omission may be an offence

although the abettor may not himself be bound to do that act (Exp I to Section 108)
 To constitute the offence of the abetment it is not necessary that the act abetted should be
committed or that the requisite effect to constitute the offence should be caused. (Exp II
to Section 108)

Illustration: A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit

murder.

 It is not necessary the person abetted: (III Explanation to Sec 108.)

a) Should be capable by law of committing an ofence, or,

b) That the person abetted should have some guilty intention or knowledge as that of abettor; or,

Illustration: A with a guilty intention, abets a child or a lunatic person 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 weather the act be committed or not, is guilty of abetting
an offence.

Abetment is an offence. Therefore, the abetment of an abetment is also an offence.(Exp 4 of

section 108)
11
Faguna Kanta Nath v State of Assam AIR 1957 SC 673, (1959) Cr LJ 917(SC) and Dayaram Phukan v State of
Assam AIR 1967 Assam 66, (1967) Cr LJ 1270(Assam) .
12
Section 108 of IPC
7|P a ge

Illustration: A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z

and commits that offence in consequence of B’s instigation. B is liable to be punished for the
offence with the punishment for murder and as A instigates B to commit the offence, A is also
liable for the same punishment.

It is not necessary that the abettor should concert the offence with the doer in case of abetment
by means of conspiracy. It is enough that abettor has engaged in the conspiracy pursuant to
which the offence is committed. (Exp V to Sec. 108)

[Section 108A] Abetment in India of offences outside India.

This section makes an abetment in India by a citizen of India of an act committed in a foreign
territory an offence punishable under the IPC, 1860 if it would constitute an offence if committed
in India.

The following illustration has become somewhat obsolete as Goa is now a part of Indian territory
and not a foreign country as it was when this illustration was formulated.

Illustration.

A, in India instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetti. 13

Punishment of Abetment
The idea of abetment being prosecuted as a distinct crime and penalised may seem strange to the
general public because most people believe that only the criminals would be punished. In its
abetment laws, the Penal Code carefully lays out the sections, outlining in detail the many types
of sanctions that the abetment laws announce. The following are sections which covered
punishment of Abetment:

Section 109
Under this section the abettor is liable to the same punishment as that which may be inflicted on
the principal offender,

13
Pg No. 417 of Book Criminal Law By Ratanlal And Dhirajlal
8|P a ge

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment,
and no express provision is made by this Code for the punishment of such abetment, be punished
with the punishment provided for the offence. 14

Illustration.

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise
of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161.

Section 110
This section provides that though the person abetted commits the offence with a different
intention or knowledge yet the abettor will be punished with the punishment provided for the
offence abetted. The liability of the person abetted is not affected by this section.

This section says

Whoever abets the commission of an offence shall, if the person abetted does the act with a
different intention or knowledge from that of the abettor, be punished with the punishment
provided for the offence which would have been committed if the act had been done with the
intention or knowledge of the abettor and with no other 15.

Section 111
Section 111 of the Indian Penal Code continues the development on abetment laws around the
phrase “each man is deemed to intend the corollary outcomes of his act.” If one man actuates
another to execute a specific wrongdoing, and that other, in pursuance of such instigation,
executes not just that wrongdoing but carries out another wrongdoing in advancement of it, the
former is criminally liable as an abettor in regard of such last mentioned wrongdoing, in the
event that it is one which, as a person with the intelligence of a reasonable man, at the time of
inducement would have known to be committed in order to carry out the original crime16.

Illustration : A instigate a child to put poison into the food of Z, and give him the poison for that
purpose. The child in consequence of the instigation, by mistake put the poison into Y’s food

14
Section 109 of IPC
15
Section 110 of IPC
16
Criminal Law by KD Gaur pg no 389.
9|P a ge

which was kept just next to that of Z which result in death of Y. Here A is liable in the same
manner and the same extent as if he has abetted the child to poison Y, because child is acting
under the influence of abetment.

Where the act contemplated and instigated was no more than a thrashing with a lathi, but one of
the assailants suddenly took out a spearhead from his pocket and fatally stabbed the person who
was to be thrashed, the others were not held liable for murder or abetment of murder.

Section 112
Abettor when liable to cumulative punishment for act abetted and for act done17.-

If the act for which the abettor is liable under the last preceding section is committed in addition
to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each
of the offences.

Illustration

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists

that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing
the distress. As B has committed both the offence of resisting the distress, and the offence of
voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A
knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be
liable to punishment for each of the offences.

Section 113
Liability of abettor for an effect caused by the act abetted different from that intended by the
abettor18

When an act is abetted with the intention on the part of the abettor of causing a particular effect,
and an act for which the abettor is liable in consequence of the abetment, caused a different
effect from that intended by the abettor, the abettor is liable for the effect caused, in the same
manner and to the same extent as if he had abetted the act with the intention of causing that
effect, provided he knew that the act abetted was likely to cause that effect.

17
Section 112 of IPC
18
Section 113 of IPC
10 | P a g e

Illustration

A instigates B to cause grievous hurt to Z. B, in consequence of the instigation causes grievous

hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to
cause death, A is liable to be punished with the punishment provided for murder.

There are three essential ingredients of S. 114:

1) The abetment should be prior to the commission of the offence;

2) The abetment must be complete by itself;

3) The abettor must be present at the time of the commission of the act.

If these ingredients are present, the section provides that the abettor shall be deemed to be liable
for the punishment as if he had himself committed the offence. Thus, the section applies to a case
where a person abets the commission of an offence sometime before it takes place and happens
to be present at the time when the offence takes place and the abettor helps in the commission of
the offence. In such a case, the person is guilty of committing the offence itself and not merely of
abetment19,

Section 115
Abetment of offence punishable with death or imprisonment for life—if offence not committed.

Whoever abets the commission of an offence punishable with death or imprisonment for life
shall, if that offence be not committed in consequence of the abetment, and no express provision
is made by this Code for the punishment of such abetment, be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine; If
act causing harm be done in consequence. and if any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be
liable to imprisonment of either description for a term which may extend to fourteen years, and
shall also be liable to fine.

19
A N Saha (ed), Basil's Indian Penal Code, vol 1, 8th edn, 1998, referring to AIR 1937 Pat 317, AIR
1927 Mad 115, AIR 1934 Lah 813
11 | P a g e

Illustration

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have
been subject to the punishment of death or [imprisonment for life]. Therefore A is liable to
imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be
done to Z in consequence of the abetment, he will be liable to imprisonment for a term which
may extend to fourteen years, and to fine.

Section 11620
Abetment of offence punishable with imprisonment— if offence be not committed.

Whoever abets an offence punishable with imprisonment shall, if that offence be not committed
in consequence of the abetment, and no express provision is made by this Code for the
punishment of such abetment, be punished with imprisonment of any description provided for
that offence for a term which may extend to one-fourth part of the longest term provided for that
offence, or with such fine as is provided for that offence, or with both; If abettor or person
abetted be a public servant whose duty it is to prevent offence. and if the abettor or the person
abetted is a public servant, whose duty it is to prevent the commission of such offence, the
abettor shall be punished with imprisonment of any description provided for that offence, for a
term which may extend to one-half of the longest term provided for that offence, or with such
fine as is provided for the offence, or with both21.

Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise
of B's official functions. B refuses to accept the bribe. A is punishable under this section.

(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has
nevertheless committed the offence defined in this section, and is punishable accordingly.

20
Section 116 of IPC
21
Pg no ,428 of Criminal law by Ratanlal and Dhirajlal
12 | P a g e

(c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery.
Here, though the robbery be not committed, A is liable to one- half of the longest term of
imprisonment provided for that offence, and also to fine.

Section 117
Abetting commission of offence by the public or by more than ten persons.

Whoever abets the commission of an offence by the public generally or by any number or class
of persons exceeding ten, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both22.

Illustration

A affixes in a public place a placard instigating a sect consisting of more than ten members to
meet at a certain time and place, for the purpose of attacking the members of an adverse sect,
while engaged in a procession. A has committed the offence defined in this section.

The section covers all offences and is a general provision for abetment of any number of persons
exceeding ten. When more than ten persons are instigated to commit an offence punishable with
death, the offence comes under section 115 as well as this section. A mere intention or
preparation to instigate is neither instigation nor abetment. In order to constitute an offence under
this section by pasting leaflets it is necessary that either the public should have read the leaflets
or they should have been exposed to public gaze23.

Section 118
Concealing design to commit offence punishable with death or imprisonment for life.

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the
commission of an offence punishable with death or .[imprisonment for life], [voluntarily
conceals by any act or omission or by the use of encryption or any other information hiding tool,
the existence of a design] to commit such offence or makes any representation which he knows
to be false respecting such design, If offence be committed — if offence be not committed. shall,
if that offence be committed, be punished with imprisonment of either description for a term
which may extend to seven years, or, if the offence be not committed, with imprisonment of

22
Section 117 of IPC
23
Criminal law by KD gaur pg 448
13 | P a g e

either description for a term which may extend to three years; and in either case shall also be
liable to fine.

Illustration

A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a
dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the
Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B
in pursuance of the design. A is punishable under this section.

Section 119
Public servant concealing design to commit offence which it is his duty to prevent 24.

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will
thereby facilitate the commission of an offence which it is his duty as such public servant to
prevent.[voluntarily conceals by any act or omission or by the use of encryption or any other
information hiding tool, the existence of a design] to commit such offence, or makes any
representation which he knows to be false respecting such design;

If offence be committed. shall, if the offence be committed, be punished with imprisonment of

any description provided for the offence, for a term which may extend to one-half of the longest
term of such imprisonment, or with such fine as is provided for that offence, or with both; If
offence be punishable with death, etc. or, if the offence be punishable with death or
[imprisonment for life], with imprisonment of either description for a term which may extend to
ten years; If offence be not committed. or if the offence be not committed, shall be punished with
imprisonment of any description provided for the offence, for a term which may extend to one-
fourth part of the longest term of such imprisonment or with such fine as is provided for the
offence, or with both.

Illustration

A, an officer of police, being legally bound to give information of all designs to commit robbery
which may come to his knowledge, and knowing that B designs to commit robbery, omits to give
such information, with intent to so facilitate the commission of that offence. Here A has by an

24
Section 119 of IPC
14 | P a g e

illegal omission concealed the existence of B's design, and is liable to punishment according to
the provisions of this section.

Section 120
Concealing design to commit offence punishable with imprisonment 25.

Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the
commission of an offence punishable with imprisonment, If offence be committed—if offence be
not committed. voluntarily conceals, by any act or illegal omission, the existence of a design to
commit such offence, or makes any representation which he knows to be false respecting such
design, shall, if the offence be committed, be punished with imprisonment of the description
provided for the offence, for a term which may extend to one-fourth, and, if the offence be not
committed, to one-eighth, of the longest term for such imprisonment, or with such fine as is
provided for the offence, or with both.

Conclusion
So it is clear that abetment is also a horrible crime as it is well known that sometime a person did
not start or initiate a crime until someone instigate or aid. So our penal laws already describe and
code many section for punishment of this offence.

Bibliography
1. Criminal Law By PSA Pillai
2. Indian Penal Code by Ratanlal And Dhirajlal
3. Criminal law in Ancient time by KD Gaur

25
Section 120 of IPC