Skip to main content

Law relating to Abetment (Section 107 to 120)

Law relating to Abetment explanation and also when an abetment committed outside India is said to be an offence committed in India?

Abetment: (Section 107 to 120):

A person abets the doing of a thing if he:

1) Instigates another to do that thing, or

2) Conspires with others in the doing of-the act or

3) Intentionally aids the doing of that thing

E.g: A, a police officer, with a Warrant is empowered to arrest Z. B, who knew this, instigated A to arrest C who he mis-represented as Z. A arrests C. B abets.


General advice is not abetment.

Abetment by instigation:

Instigation means the instigator actively suggests, or stimulates by any means i.e., by words, hints, encouragement etc.

Abetment by conspiracy:

For this there should be at least two persons, engaged in commission of an act in pursuance of conspiracy and there should be the doing of the thing.

Abetment by aid:

The person aids to facilitate commission of an offence. It should be intentional aid. E.g: supplying of food to facilitate an offence. A police man A, who stands and does nothing to prevent torture of B by C, is guilty of abetment by omission i. e, non interference.

Abettor: (Section 108)

An abettor is a person who abets.

a) Either by the commission of the offence or

b) The commission of an act which would be an offence if done by a person capable by law of committing the offence with intention or knowledge of that of the abettor.


Scope:-

1) Abetment of an illegal omission amounts of an offence

2) Abetted act need not be committed, to constitute an offence

 Eg:

a) A abets B to murder C. B refuses to do so. A is guilty of abetting B to murder.

b) A instigates B to murder D. B thereupon stabs D. But, D recovers. A is Guilty of instigating B to murder.

3) The abetment of an offence is an offence. Hence, an abetment of such an abetment is also an offence.

Eg:

A instigate C to murder D. B accordingly instigates C who commits murder of D. B is guilty and punishable under 302 of I.P.C, A has instigated. Hence, A is also liable for the same punishment.

Explanation:

It is not necessary that the person abetted should be capable of committing a crime. A child, a lunatic etc. may be used by the abettor to do the crime. In such cases, the abettor is guilty of the offence committed through the child, lunatic etc.

Eg:

'A with guilty intention abets a child of 5 years to set fire to a house, of B. B, is grievously hurt. A is liable. When an abetment committed outside India is said to be an offence committed in India:

Sec-108A is added to IPC 1860 by the 4th Amendment Act of 1898 (Sec-3).

It deals with the commission of an offence outside India as a consequence or in the pursuance of the abetment that took place in India. In such cases, both the abettor in India and the principal offender, who committed the offence outside India, are punishable as per the IPC in India. A person abets an offence within the meaning of this code, who in India abets the commission of any act beyond India which would constitute an offence if committed in India.

Eg: A in India, instigates B, a foreigner in London, to commit a murder in London. A is guilty of abetting the murder. 

Labels:

Comments

Post a Comment

Popular posts from this blog

Article 15 (Prohibition of discrimination)

Article – 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth: When a law comes within the prohibition of Article-15, it cannot be validated without Article-14 by applying the principle of reasonable classification. There are 5 clauses under Article-15, they are: 15(1) The State shall not discriminate against any citizen on the grounds  only of Religions, Race, Caste, Sex, Place of birth or any of them. 15(2) No citizen shall on the grounds only of Religions, Race, Caste, Sex,  Place of birth or any of them, be the subject of any of the disability,  liability, restrictions or any condition with regard to: Access to shops, public restaurants, hotels and any places of public entertainment or The use of Wells, tanks, Bathing Ghats, Roads and the places of public resort maintained wholly or partially out of state funds or is dedicated to the use of general public. 15(3) Nothing in this Article shall prevent the state ...
Post a Comment
Read more

Offences Relating to Marriage , Adultery and Bigamy

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...
Post a Comment
Read more

Essentials of Forgery

Forgery: (Section 463) There are two sections defining forgery. 1) Sec- 463 defines forgery 2) Sec- 464 defines Making a false document 1. Forgery: A person who makes a false document or part of it with an intention: 1) to cause damage or injury to the public or to any person 2) to support any claim or title 3) to cause any person to part with property or enter into contract 4) to commit fraud or that fraud may be committed - is guilty of forgery; 2. False Document: A person is said to make a false document in the following circumstances: 1) He must dishonestly or fraudulently, make, sign, seal or execute a document, with knowledge or an intention to make others believe that it was genuinely done by the concerned authority. 2) The person, without lawful authority, dishonestly or fraudulently cancels, or alters the document made by himself or by any other (living or not). 3) The person may cause any other person who is insane or intoxicated or deceived, to sign or seal or execute or alt...
Post a Comment
Read more