Indian Penal Code - Section 107

1. Indian Penal Code
ABETMENT
JISHIN JAFAR

2. Jishin JafarLP jj inception
What is Abetment ?
 The act of helping or encouraging someone to do
something wrong or illegal (Cambridge dictionary )
 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.” (SC in Kartar
Singh v/s State of Punjab)
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3. SECTION -107
Abetment of a thing
LP jj inception

4. Abetment of a thing.—A person
abets the doing of a thing, who—
First.—Instigates any person to do that thing; or
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
Thirdly —Intentionally aids, by any act or illegal
omission, the doing of that thing.
LP jj inception

5. Explanation 1
A person who, by wilful
misrepresentation, or by wilful
concealment of a material fact which
he is bound to disclose, voluntarily
causes or procures, or attempts to cause
or procure, a thing to be done, is said to
instigate the doing of that thing
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6. Illustration
A, a public officer, is authorised 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.
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7. 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
facilitates the commission thereof, is
said to aid the doing of that act.
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8. Essentials and Meaning of Abetment
The instigation of a person to do (or not ) an
act in a certain way or aid given by some
person to another either of his on accord or
under instigation in doing an act which is an
offence.
i. Instigate a person to commit an offence or
ii. Engages with one or more persons in a
conspiracy to commit an offence or
iii. Intentionally aids a person by any act or
illegal omission to commit an offence
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9. Abetment by Instigation
Incites-urges-encourages-goads-solicits-
provokes: to do an act prohibited by law is said
instigation
 Advice amounts to instigation when active
suggestions or stimulation from a person for
the commission of an offence .
 Queen v. Mohit (1871): instigate to be a sati
and it leads to suicide.
 Protima Dutta v. State (1977-WB)
 Explanation 1 – wilful misrepresentation or
wilful concealment.
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10. Abetment by Conspiracy
 An agreement with one or more persons to
do a legal act by illegal means or to do an
illegal act
Example :
 A servant agreed to thieves that to keep the
doors of his master’s house open in night so
they might commit theft.
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11. Abetment by Aid
Intentionally render assistance or gives aid by
doing an act or committing to do an act.
Mere intention to render assistance is not
sufficient.
Explanation 2 states that a person abets by aiding.
Example: A priest who officiates at a bigamous
marriage was held to have intentionally aided in
the commission of a marriage prohibited by law.
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12. References
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1. Section 107, Chapter 5 in Indian Penal Code
(2019), Ministry of Law and Justice ,
Government of India.
2. Chapters 5 in K.D Gaur (2009), ‘Textbook on
The Indian Penal Code’, 4th edition, Universal
Law Publishing Co.