Abetment

Provoking, encouraging and aiding anyone for doing any criminal act which is
punishable by law is known as abetment. This article talks about chapter V of Indian
Penal Code, 1860 i.e Abetment. Criminal Law in itself is very clear while imparting any
kind of punishment and holding anyone liable under any kind of offences.

Chapter V of Indian Penal Code, 1860 is the first offence which starts in Indian Penal
Code, 1860 stating that the mastermind behind the commission of offence should not be
set free on the mere ground that the actusrea has not been done by the person behind
the offence committed or yet to be committed. The concept of abetment has widens the
scope of criminal law to incorporate these criminal intension and penalize them
according to the provision laid down under chapter V of Indian Penal Code, 1860.

There are four stages of crime which is read as below:

1. For any offence being committed or instigates other for there commission there
should be a human being, Human being plays an important role in any kind of
criminal act being done by himself or either made other to do so and be liable for
the same.
 
2. Intension and knowledge plays and important role in any criminal act being done
by human being. However a non- criminal behavior as simple as buying a knife
for household use becomes criminal when there is any kind of criminal intension
behind getting the knife.Non of the act can be considered itself a crime if done
with guilty mind.
 
3. After the formation of an intension mere execution is necessary which is followed
by actus rea i.e the act done in return of the intension formed causing injury to
others.
 
4. Last stage is the offense itself which is the result of any kind of criminal intention
and criminal act punishable under law. Eg: Murder, Rape, Robbery, etc.

So , in middle of the above four stages abetment may take placei.e at the very initial
stage of planning where the intension is develop by one person but the act is done by
other as a result of instigation for the commission of an offence. 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.

Meaning Of Abetment: (Section-107)

Section 107-120 of Indian Penal Code 1860, talks about abetment. According to section
107 which explains the meaning of abetment, in general to abets means to instigate, to
help, to encourage to put in execution his criminal intension. 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.A person “instigate”
the doing of a thing who by willful misrepresent, or willful concealment of a
material fact which he is bound to disclose, voluntarily causes or procure , or
attempt to cause or procure a thing to be done. This is known as abetment by
instigation.

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.
 
2. Abetment by conspiracy: Abetment by conspiracy involves engaging with one
or more person in any conspiracy for the doing of that thing, if an act or illegal
omission takes in pursuance of that conspiracy. Abetment by conspiracy is only
said to be done when there is conspiracy done between two or more person for
commission of an criminal act, if act committed will amount to abetment by
conspiracy, if the same is not committed will amount to conspiracy and will be
punishable under section 120A and not for abetment by conspiracy.
 
3. Abetment by aid: The third kind of abetment is abetment by intentionally aiding
(by an act or illegal omission) the doing of any criminal offence. Explanation 2 to
section 107 clarifies that a person is said to aid the doing of an act, who either
prior to or at the time of commission of an offence, does anything in order to
facilitate the commission of that act.

Illustration: Aa priest performed the wedding ceremony of a marriage man with

an unmarried women. Here priest is liable for intentionally aiding and is liable for
abetment by aid.

Who Is Abettor?
Section 108 of Indian Penal Code,1860 talks about abettor, a person who abets an
offence, who abets either the commission of an offence, or either the commission of an
act which would be an offence, if committed by a person capable by law with the same
intension or knowledge as that of the abettor.

Five proposition as to Abetment , contained in section 108 of IPC, which are as

follows:

1. The abetment of the illegal omission of an act may amount to an offence

although the abettor may not himself be bound to do that act. Thus if a public
servant is guilty on an illegal omission of duty made punishable by the code, and
a private person instigates him he abets the offence of which public servant is
 guilty, although the abettor, being a private person, could not himself have been
guilty of the offence.
 
2. To constitute the offence of abetment, it is not necessary that the act abetted is
committed or not. The offence of abetment depends upon the intention of the
person who abets, and not upon the actual act done by the person abetted.

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

B to commit murder.
 
3. To constitute the offence of abetment, it is not necessary that the person abetted
should be capable by law of committing an offence, or have the same guilty
intention or knowledge as that of the abettor. Abetment is a substantive offence
irrespective of the criminal intention or knowledge to be the same as that of
abettor, mere instigation to commit a criminal offence is necessary and does not
consider the abetteei.e to whom abettor abets to do an act, either capable by law
or not.

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.
 
4. When the abetment of an offence is an offence the abetment of such an
abetment is also an offence.

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.
 
5. To constitute the offence of abetment by conspiracy, it is not necessary that the
abettor should concert the offence with the person who commits it. It is sufficient
if he engages in the conspiracy in pursuance of which the offence is committed
will be liable.

Section 108A talks about when a person abets an offence within the meaning of
this code who in India, abets the commission of any act beyond India which
would be liable for an offence if committed in India.

Punishment For Abetment Under Indian Penal Code,1860:

From section 109 to section 120 of Indian Penal Code, 1860 deals with punishment for
abetment which are as follows:
Section 109: Punishment of abetment if the act abetted is committed in consequences,
and where no express provision is made for its punishment:
If a person abets an offence, and the act abetted is committed in consequences of the
abetment where no expressed provision is made under this code for the punishment of
such abetment, be punished with the punishment provided for the offence with is
abetted and committed.

Whereas in some case of abetment the express provision is made for the punishment. It
is to be made clear that an act or offence is said to be committed in the consequences
of abetment, when it is committed in consequences of instigation, or in pursuance of
conspiracy, or with aiding, which constitute the abetment. According as offence abetted
is cognizable or non- cognizable, bailable or non- bailable, triable by court and non
-compoundable.

Illustration:

 A instigates B to give false evidence B under the instigation of A commits an

offence. Here A is guilty of abetting the offence, and is liable for same offence as
of B.
 A offers a bribe to B , a public servant, as a reward of showing some official
favour to A. B accepts the bribe A has abetted the offence and is liable for the
offence defined in section 161 of IPC.

Section 110: Punishment of abetment if person abetted does act with different intension
from that of the abettor:
This section laid down the provision for punishment of abetteei.e the person abetted, if
does the act with different knowledge or intension from that of the abettor, be punished
with the punishment provided for the offence which would have been committed if the
act has been done with the same intension and knowledge of the abettor. The person
abetted for the commission of an offence and commit and act cannot take a defense
mere on the ground that the act done in the consequences of the abetment is done with
different intension and knowledge from that of abettor, he will be equally liable for the
punishment. According as offence abetted is cognizable or non- cognizable, bailable or
non- bailable, triable by court and non- compoundable.

Section 111: Liability of the abettor when one act abetted and different act done:
When an act abetted and a different act is done, the abettor is liable for the act done in
the same manner as if abetted directly, provided that the act done was likely to be
caused as a course of offence abetted, and was committed under the influence of
instigation, or with aid, or with pursuance of conspiracy which constitute the abetment.
And if any act done which is not the probable consequences of abetment, the abettor is
hereby not liable for any different kind of offence committed. According as offence
abetted is cognizable or non- cognizable, bailable or non- bailable, triable by court and
non compoundable.

Illustration: A instigatea 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 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.

Section 112: Abettor when liable to cumulative punishment for act abetted and for act
done:
Section 112 is an extension of section 111 of Indian Penal Code. According to section
111 if the offence committed is different from that of act abetted but it is in probable
consequences of the abetment, done under the influence of instigation or aiding for the
commission of an act. The abettor is held liable of the act in the same manner as if
abetted directly.

Further it is said that the word cumulative used here in this section states that the act
abetted and act done in pursuance of abetment exceeds in nature and thereby causing
additional act resulting in additional offence of that abetted. Abettor is liable for the
additional offence, if that offence is result of the probable consequence of abetment.

Section 113: liability of abettor for an effect caused by the act abetted different
from that intended by the abettor:
Intension and knowledge plays an important role in any criminal act done or abetted. If
an act abetted with different intension causing different effect as a result, abettor will be
liable of the effect cause, on the ground that he knew that the act abetted was likely to
cause such effect. Although intension is different from the act caused but one will be
liable for the effect mere on the ground of knowledge.

The major difference between section 111 and section 113 is that section 111, says that
when one act abetted and difference act is committed and in section 113, the act
abetted and committed is same but the effect cause is different. According as offence
abetted is cognizable or non- cognizable, bailable or non- bailable, triable by court and
non- compoundable.

Section 114: Abettor present when offence is committed:

This section states that whenever any person who is absent would liable to be punished
as an abettor, is present when the act or offence is being committed in consequences of
the abetment for which he would be punishable, the law will resume that the abettor
himself has committed such offence and act. And the abettor will be liable to be
punished for the offence committed and not for the abetment of offence. According as
offence abetted is cognizable or non- cognizable, bailable or non- bailable, triable by
court and non- compoundable.

Terms Of Punishment Provided In Section 115, 116, 117, 118, 119, 120 Of Indian Penal
Code, 1860:
Section 115: abetment of offence punishable with death or imprisonment for life- if
offence not committed:
If offence not committed in consequences
7 years of imprisonment +Fine
of abetment.
If act causing harm be done in
14 years of imprisonment +Fine
consequences

Section 116: abetment of offence punishable with imprisonment- if offence be not

committed:
Offence not committed in consequences of ¼ of the longest term of punishment
abetment provided for the offence / fine /both. 
If abettor be a public servant whose duty id ½ of the longest term of punishment
to prevent offence. provided for the offence / fine /both.

Section 117: Abetting commission of offence by the public or by more than ten persons:
Any person who abets the commission of offence by the public generally or by any
number or class of person exceeding ten, shall be punished with imprisonment for the
term which may extent to three years, or fine or both. According as offence abetted is
cognizable or non- cognizable, bailable or non- bailable, triable by court and non-
compoundable.

Punishment For Concealing Designs Or Plans To Commit Offence:

Section 118,119 and 120 of Indian Penal Code,1860 laid down the provision for
punishment of concealing the design voluntarily by any act or illegal omission which
lead to the commission of an offence be punishable under these sections.

Section 118: concealing design to commit offence punishable with death or

imprisonment for life:
If offence committed in consequences of
7 years of imprisonment/ fine
abetment
If offence not committed in consequence of
3 years of imprisonment/Fine
abetment

Section 119: Public servant concealing design to commit offence which it is his duty to
present:
If offence committed in consequences of ½ of the longest term of punishment
abetment provided for the offence / fine /both.
If offence not committed in consequence of ¼ of the longest term of punishment
abetment provided for the offence / fine /both.
If offence committed whichis punishable
10 years of imprisonment.
with death or imprisonment for life
Section 120: concealing design to commit offence punishable with imprisonment:
If offence committed in consequences of ¼ of the longest term of punishment
abetment provided for the offence / fine /both.
If offence not committed in consequence of 1/8 of the longest term of punishment
abetment provided for the offence / fine /both.

Case Laws:
1. SheoDail Mal, 1894:

This case held that instigation may be direct or it may be through letter. Where A
writes a letter to B instigating thereby to murder C, the offence of abetment by
instigation is complete as soon as the contents of letter becomes now to B.

2. Queen vs Mohit:

A women prepared herself to become sutti in the presence of the accused

persons. They followed herupto the pyre and stood by her step sons crying “Ram
Ram”. One of the accused also admitted that he told the women to say “Ram
Ram”. It was held that all those that followed her to the pyre and stood by her
crying “Ram Ram” would be guilty of abetment as the actively abetted her.
 

3. Pandala Venkatasami 1881:

It was held that if a person prepares, in counjuction with others a copy of an

intented false document and buys a stamp paper for the purpose of writing such
a false document and also ask for information as to fact to be inserted in such
false document, he would be guilty for abetment of forgery because these are the
acts done to facilitate the commission of the offence.

Conclusion:
Abetment is said to be a substantive offence which is punishable in itself respective of
the act abetted is committed or not. When any act is done as a consequences of
instigation, conspiracy and aid, the person performing such act is held liable under
Indian Penal Code, 1860 but the person behind the commission of an act will also be
held liable for abetment as the instigation for such commission has been done by that
person.

Therefore , we say that abetment as an offence is just and fair law which enhances the
principle of natural justice in legal system. As explained above there are four stages of
crime and abetment may take place at initial level of planning and punishable with that
of imprisonment or fine or both as may be expressed in the provision.

Abetment under Section 107, IPC – Instigation, Conspiracy, Aid

Sometimes, indirectly participating in committing an offence itself may also become a punishable
offence. In such crimes, the offenders do not directly involve themselves in the offence. However,
their abetment can become punishable in itself. These offences relate to Section 107, IPC under
the chapter of abetment.

Abetment under Section 107, IPC

Chapter 5 of the Indian Penal Code, 1860 deals with offences relating to abetment. Abetment basically means
the action of instigating, encouraging or promoting a person into committing an offence. It can also mean
aiding the offender while he is committing a crime.

When more than one person contributes to committing an offence, each person’s involvement may vary. This
variation may be either in the manner or in the degree to which the involvement occurs.

For example, one person may procure a gun and hand it over to another who may shoot somebody with it.
The former person is guilty of abetment, while the latter commits murder.

Definition of Abetment

The definition of abetment under Section 107, IPC requires a person to abet the commission of an offence.
This abetment may occur in any of the three methods that the provision prescribes.

The Section says that abetment basically takes place when a person abets the doing of a thing by:

(1) instigating a person to do that thing; or

(2) engaging with another person (or persons) in a conspiracy to do that thing; or

(3) intentionally aiding a person to do that thing.

When any of these requirements exists, the offence of abetment is complete. Sometimes a person may
commit more than one of these three circumstances in a single offence.

(1) Abetment by Instigation

Instigation basically means suggesting, encouraging or inciting a person to do or abstain from doing
something. Instigation may take place either directly or indirectly, by written or oral words, or even by
gestures and hints.
The instigation must be sufficient to actively encourage a person to commit an offence. It should not be mere
advice or a simple suggestion. The Instigator need not even possess mens rea (a guilty intention to commit
the crime).

Explanation 1 of this Section throws some lights on what instigation may mean in this context. It says that
instigation may generally happen even by:

(a) wilful misrepresentation; or

(b) willful concealment of a material fact which a person is bound to disclose.

For example, a court directs Amit, a police officer, to arrest Raj under an arrest warrant. Brijesh informs Amit
that Chandan is Raj despite knowing that he is not. Under this misrepresentation, Amit ends up arresting
Chandan instead of Raj. In this case, Brijesh is guilty of abetting Amit in wrongfully apprehending Chandan.

(2) Abetment by Conspiracy

Conspiracy basically means an agreement between two or more persons to commit an unlawful act. Merely
intending to commit an offence is not sufficient for this purpose.

Thus, the conspirators must actively agree and prepare themselves to commit that offence, it becomes a
conspiracy. Furthermore, the act which the conspirators conspire to commit itself must be illegal or
punishable.

For example, in dowry death cases, the in-laws of the victim are often guilty of abetment by conspiracy. They
may do so by constantly taunting, torturing or instigating the victim. Even suicides may take place in this
manner through abetment by conspiracy.

(3) Abetment by Aiding

The third manner in which abetment may take place is by intentionally aiding the offender in committing that
offence. This generally happens when the abettor facilitates the crime or helps in committing it. The intention
to aid the offender is very important.

For example, merely giving food or clothing to an alleged offender may not be punishable. But giving
him food, clothing and shelter to help him hide from the police or commit a crime is punishable.

Punishment for Abetment

Abetment of certain offences is punishable under specific Sections of IPC or under other laws. For example,
abetment of suicide is punishable under Section 306. However, when no specific provision exists, the abettor
will be punished with the punishment prescribed for that particular offence he has abetted.
Aiding and Abetting/Accessory
A criminal charge of "aiding and abetting" or accessory can usually be brought against anyone who helps in the commission of a
crime, though legal distinctions vary by state. A person charged with these accomplice crimes is usually not present when the crime
itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through
advice, actions, or financial support. Depending on the degree of involvement, the offender's participation in the crime may rise to
the level of conspiracy.

For example, Andy draws a floor plan of a bank, knowing of Dan's intention to rob it. After Dan commits the robbery, Alice agrees to
let him store the stolen money at her house. Both Andy and Alice can be charged with aiding and abetting, or acting as accessories
to the robbery.

How Are Aiding, Abetting, and Accessory Defined?

As with all crimes, the specific elements depend on the state where the crime takes place. In general, aiding refers to differing
degrees of support and abetting involves encouragement. Accessory usually involves actions taken to protect the perpetrator after
the crime is committed.

If you were to serve on a jury in a federal court, you would be instructed that the crime of aiding and abetting requires the
prosecution to prove, beyond a reasonable doubt, that:

1. A crime was committed;

2. The accused intentionally aided, counseled, commanded, induced or procured the person committing the crime;
3. The accused acted with the intent to facilitate the crime; and
4. The accused acted before the crime was completed.

Similarly, you would be instructed that the crime of accessory after the fact requires proving that:

1. The accused knew that a person committed a crime; and

2. The accused assisted that person with the specific purpose or design to hinder or prevent that person's apprehension,
trial or punishment.

A failure to sufficiently prove any of these elements, or those that may apply under state law, means that you cannot be convicted
for these crimes.

Is There A Way Out?

Even if you've aided and abetted someone before they commit a crime, your state may allow for a withdrawal defense. In essence,
this means that you have ceased your support and encouragement for the crime before it has become unstoppable. However, this
can be difficult to prove unless there is some clear evidence of repudiation (such as a communication to the perpetrator or a warning
to the potential victim). Some jurisdictions may require an attempt to stop the crime from taking place by, for example, notifying law
enforcement.

Even if your actions don't clearly constitute withdrawal, efforts to remove yourself from a crime before it takes place can help to
mitigate the punishments you might face. Depending on the situation, these efforts could even lead the government to
use prosecutorial discretion and not charge you with a crime. This could happen where, for example, you're facing threats to your
safety by coming forward to report a pending crime.

Don't Go It Alone: Get Professional Help With Your Criminal Case

The fact that you weren't there when the crime was committed won't protect you from prosecution for aiding and abetting. These
accomplice crimes can be tricky and usually boil down to what you knew and when you knew it. If you have some knowledge of a
crime before or after the fact, you should reach out to a criminal defense attorney who can advise you and help protect your
interests.

Next Steps

Contact a qualified criminal lawyer to make sure your rights are protected.

What's the difference among aiding,

abetting, and being an accessory to a
crime?
One kind of accessory that never makes you look better is a criminal charge as an accessory to a crime. Aiding and
abetting are similar and related charges to being an accessory. This article discusses the crimes of aiding, abetting,
and acting as an accessory to a crime.

Aiding, abetting, and acting as an accessory to a crime are violations of state law and the definitions of the crimes
vary from state to state. However, the crimes have certain general features that are common in every state.

Differences Among the Three Crimes

There is a great deal of overlap among these definitions, and the terms are usually used interchangeably. Here's how
they differ:

 Aiding is assisting, supporting, or helping another to commit a crime.

 Abetting is encouraging, inciting, or inducing another to commit a crime. Aiding and abetting is a term
often used to describe a single act.

 An accessory is someone who does any of the above things in support of a principle's commission of crime.
State laws typically distinguish between accessories “after the fact” and “before the fact.” These terms
describe a person's assistance to the crime before or after it is committed.

Common Features Among the Three Charges

All three crimes describe someone charged as an “accomplice” to a crime committed by another, who is usually called
the “principle.”

A person charged with aiding, abetting, or as an accessory is accused of providing assistance to the principle before
or after the commission of a crime . The person charged with aiding, abetting, or as an accessory is usually not
present at the commission of the crime. All three charges require proof that the accomplice knew that a crime was
going to be or had been committed by the principle.

Knowledge and assistance

Even someone who learns of a crime after the fact and who in fact may disapprove of the crime, but who helps the
person who committed it, may be charged with aiding, abetting, or as an accessory. For example, When Jay Gatsby
takes the wheel from Daisy Buchanan after she drunkenly hits and kills her husband's mistress (what are the odds?!),
he has committed the crime of aiding and abetting, and is an accessory to the crime of vehicular manslaughter
committed by Daisy. (Of course, F. Scott Fitzgerald took care of punishing Gatsby far more harshly than the law would
have if he'd been caught.) Gatsby was not driving and played no role in the drunk driving incident that led to the
victim's death; he was likely very dismayed by the crime. But, his actions were intended to conceal Daisy's crime and
therefore constitute aiding and abetting and make him an accessory after the fact.

Conspiracy
If the degree of involvement of the aider and abetter is great enough, he or she may be charged with conspiracy.
Often, the state will charge a person with conspiracy when that person has been directly and significantly involved in
planning or concealing a crime. For example, suppose a person tips off a friend that a neighbor always leavesopen the
side door to the garage housing his valuable tools, knowing his friend will steal the tools. If the friend commits the
theft, the tipster may be charged with aiding, abetting, or as an accessory to the theft. But, a person who befriends a
neighbor, surreptitiously takes the key to the garage from the neighbor's counter, and passes the keys off to a friend
with specific information of when the neighbor is at work may have edged into conspiracy in the theft the friend then
commits. (For more information on conspiracy, see Conspiracy: Laws and Penalties.)

See a Lawyer
If you have questions about aiding, abetting, or being an accessory, talk to an experienced criminal defense lawyer in
your area. If you have been charged with one of those crimes, see a lawyer as soon as possible. These are serious
charges and can result in prison sentences, large fines, or both.