IPC 2022 Abetment

ABETMENT (C HAPTER 5 – SECTION 107-120)

Abetment - Encourage or assist (someone) to do something wrong, in particular to

commit a crime.
A crime has MENS REA and ACTUS REUS but in abetment the abettor has only mens
rea (intention), actus reus is of other party. So, it is considered an inchoate crime.

SECTION 107: Section 107 defines abetment in 3 forms-

• Instigation
• Conspiracy
• Aid
ABETMENT BY INSTIGATION
Instigation means provoking (Also Suggesting, Hinting, Insinuating, encouraging
etc.). The Abettor must ACTIVELY instigate the abetted person to commit an
offence. Words uttered in a fit of anger or omission without any intention can’t
be termed as abetment. Instigation can be direct or indirect.
Madan Mohan Singh v. State of Gujarat (2010)
Driver in a company who recently had a bypass surgery for his heart was advised
by the doctor to stay away from stress committed suicide. His wife said that his
superior officer M.M. Singh (Accused) got very angry at him for not doing his
duties and threatened him harshly to suspend him and also said to him that how
he still manages to find a will to live even after this much insult. Driver
committed suicide and left a suicide note blaming M.M. Singh (Accused). The
Suicide note was dated 4.2.2008 he was found dead on 23.2.2008 (17 days later)
According to Supreme Court the allegations to the effect that the accused had
either instigated the deceased in some way, to commit suicide, or engaged with
some other persons in a conspiracy to do so, or that the accused had in some
way aided any act or illegal omission to cause the said suicide. If observations by
a superior officer, regarding the work of his subordinate, would constitute
abetment to suicide, it would become almost impossible, for superior officers to
discharge their duties as senior employees. So, the ingredients of Section 306
(Abetment of Suicide) are not fulfilled in the present case.

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IPC 2022 Abetment

ABETMENT BY CONSPIRACY
In criminal conspiracy under Section 120A, the agreement to commit an illegal act
is considered substantive offence, but in abetment to conspiracy, some overt acts
or illegal omission is required after the formation of the agreement.
Section 120A has wider application than 107.
Example of abetment by conspiracy. – Servant of house Conspired with
thieves and didn’t lock the main gate at night.

ABETMENT BY AID
If either prior to the commencement of the act or at the time of the
commission of the act, anyone does anything in order to facilitate the
commission of that act and thus facilitating the commission of the offence is
said to aid the doing of the act
The abettor provides Assistance to the abetted, if he is called to be Abetting by
Aid, there must be active role of abettor.

INGREDIENTS WHICH MAY OR MAY NOT CONSTITUTE THE ABETMENT:

Abettor (Section 108)

Explanations under this section:
i. Illegal omission: A spectator is not an abettor but an act of illegal omission
may qualify as an offence. (Example- Police not taking action, even when
abettor might not be legally bound to do that act.)
ii. Result not necessary for liability: It is not necessary that the act abetted
must be committed to charge the liability for abetment of that act.
iii. Abettor is still liable if the abetted is incompetent to commit a crime:
Like an Insane person or a child below 7 years can’t be punished for
committing an act which is crime for a normal person, because they are
incapable of having Mens Rea. They are incapable of committing the
crime but abetting them for committing such an act shall be punishable.
iv. Abetment of an Abetment is also a crime: Abetting someone to abet some
other person also constitutes the crime of abetment.
v. Not necessary that conspiracy is with the person who commits the
crime: Only necessity is that the abettor has engaged in the conspiracy.

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IPC 2022 Abetment

Other Ingredients

Wilful misrepresentation or concealment: If someone wilfully conceals or

misrepresents a fact which he is bound to disclose for causing an act or
procuring a thing, that person would be said to instigate(abet) the doing of
that thing.
Verbal permission or silent assent would not constitute instigation: If A tells B
that he intends to loot a bank, B says do as you like, A succeeds in looting the
bank, here B cannot be said to have instigated.
If Abetment is done in India but the offence is done outside India, it is still
punishable (108A).

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IPC 2022 Abetment

PUNISHMENT FOR ABETMENT

SECTION 109 -114: ABETTED OFFENCE IS COMMITTED OR THE OFFENCE COMMITTED IS

REASONABLY FORESEEABLE
SECTION 115 -116: ABETTED OFFENCE NOT COMMITTED OR NOT COMMITTED FULLY.
SECTION 117: ABETTING OFFENCE BY THE PUBLIC (MORE THAN 10 PEOPLE)

SECTION 118 -120: CONCEALING DESIGN TO COMMIT OFFENCE.

ABETTED OFFENCE IS COMMITTED OR THE OFFENCE COMMITTED IS

REASONABLY FORESEEABLE
Section 109- If the abetted act is committed in consequence to the abetment
(no express provision for punishment).

Section 110- When the intention of the abetted is different than the intention of
the abettor.
Illustration- Person A asks Person B to pass his luggage from the bus shelf,
Person B didn’t know that A was a thief and passes the luggage thinking
that it is A’s luggage, here B is not liable for theft but A is liable.

Section 111- When different act was done only if reasonably foreseeable.
Girija Prasad V. Emperor (1934)

Person A instigated by person B to beat C by ‘lathi’, A suddenly brings out knife

and Kills C, now here B can’t reasonably foresee the bringing out of knife so he
wouldn’t be liable for Abetment of Murder or Murder.

Section 112- Abettor when liable to cumulative punishment for act abetted and
for act done: When the abetted did extra offence in addition to the offence which
was abetted if a reasonable man would know that the ‘extra’ offence would be
committed to commit the abetted offence.

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IPC 2022 Abetment

Illustration- Policeman Tries to arrest A, B instigates A to resist his arrest, A resists the
arrest and also causes grievous hurt to policeman while resisting. B is liable for Abetment
of both the offences here.

Section 113- When different effect from the intended effect occurs.
Abetment is done to cause grievous hurt but death was caused, if it can be
reasonably foreseen that death could be caused. Then liability for both
grievous hurt and murder on abettor.

Section 114- When abettor is present when the offence is committed:

Abettor will be considered as a person who has committed the offence.
Gravity will be higher than Section 109. Presence also signifies evidentiary
value.
(Different from Section 34, in which a criminal act is one by numerous
people in view of basic aim of all. In 114 the abettor is present when the
actus reus takes place, but has no active part in the actus reus.)

ABETTED OFFENCE NOT COMMITTED OR NOT COMMITTED FULLY

Section 115- Offence Punishable with death of imprisonment for life , no
express provision is provided for punishment.
- If some other act causing harm is done – upto 14 years + fine
- Offence not committed – upto 7 years + fine

Section 116- Offence Punishable with imprisonment, no express provision is

provided for punishment.
- Offence is not committed – ¼ punishment or the longest term for offence
or fine or both.
- Offence not committed and abettor is a public servant whose duty is to
prevent offence – ½ of the longest term provided or fine or both.

ABETTING OFFENCE BY THE PUBLIC

Section 117- Abetting offence by the public (more than 10 people).

- Up to 3 years or fine or both.

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 IPC 2022 Abetment

Ques- If 10+ people are Abetted to commit murder, would the abettor be
punishable under 115 or 117?
Ans- We will apply doctrine of harmonious construction and the abettor
would be liable under 115.

CONCEALING DESIGN TO COMMIT OFFENCE (SECTION 118,119,120)

Concealment should be intentional and with knowledge that it will facilitate the
commission.
Public Servant (119)
Crime is punishable with death or life imprisonment
o Offence committed – up to 10 years
Crime is punishable with anything other than death or life
imprisonment
o Offence committed – ½ of the longest term of imprisonment +
fine or both
o Offence not committed – ¼ of longest term of imprisonment +
fine or both

Other than Public Servant (118,120)

Crime is punishable with death or life imprisonment (118)
o Offence committed – up to 7 years
o Offence not committed – up to 3 years
Crime is punishable with imprisonment (120)
o Offence committed – ¼ of the max term of crime
o Offence not committed – 1/8 of the max term of crime.

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