Abetment under ipc indian penal code

1. A critical evaluation of the offence of
abetment under ipc

2. What is Abetment?
• The act of helping or encouraging some one 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)

3. Abetment of a thing
• A person a bets 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 actor illegal
omission, the doing of that thing.

4. 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

5. 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 there
by intentionally causes A to apprehend C.
Here B abets by instigation the apprehension
of C.

6. Explanation 2
• Whoever, either prior to or at the time of the
commission of an act, does any thing in order
to facilitate the commission of that act, and
there by facilitates the commission there of, is
said to aid the doing of that act.

7. 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.
• Instigate a person to commit an offence or
• Engages with one or more persons in a
conspiracy to commit an offence or
• Intentionally aids a person by any act or illegal
omission to commit an offence

8. 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)
• Explanation1–wilful misrepresentation or wilful
concealment.

9. 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.

10. Abetment by Aid
• Intentionally render assistance or give said 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.

11. References
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.