1. ABETMENT
In common language it means to goal or urge forward or provoke incite urge
or encourage in doing something it is equivalent towards counseling procuring
commending of English law abetment can be committed only when there is
positive evidence of instigation of conspiracy or intentional aid abetment
does not in itself involve the actual commission of the crime abetted. It is a
crime apart or a distinct offence and not a mere mirror offence within the
meaning of section 238 the code of criminal procedure
Meaning and Definition
According to Balck law dictionary
To encourage, incite, or set another to commit a crime.
DEFINITION
Abetment is a preparatory act and connotes active complicit on the part of the
abettor at a point of time prior to the actual commission of the offence.
UNDER SECTION 107 THE PPC
A person abets the doing of anything who
Firstly : instigates any person to do that thing or
Secondly : engages with one or more other person or person in any conspiracy
for the doing of that thing if an act or illegal omission takes palce in pursuance
of that thing,
Thirdly: intentionally asides by an act or illegal omission the doing of that
thing
PRINCIPLE OF CONSTRUCTIVE LIABILITY
Principle of constructive liability which is also know is rule of joint liability
according to which if two or more person committed and offence jointly in
furtherance of common intention each one of them would be held liable for it
as if he had done it individually liability for abetment is determined under the
is principle i.e. the punishment of abetment is determined keeping this
principle on view since in abetment the mens rea of one person has translated
in the actus reus of another.
ESSENTIAL OF ABETMENT
1. There must be abettor
2. 2. he must abet
3. The abetment must be an offence
THERE ARE THREE MODES TO CONSTITUTE AN ABETMENT
I abetment by instigation impels the knowledge of the criminality of an
act a person is said to instigate another by way of encouraging solacing
another.
Ii ABETMENT BY CONSPIRACY
When two or more person agrees to do or cause to be done
An illegal act or an act which is not illegal by illegal means such as agreement
is designated a criminal conspiracy.
Iii Abetment by aid if a person joins another in commission of a crime by
which he is benefit and which it would not be possible to commit but for his
aid he is guilty of the commission of the crime of abetment.
According to explanation 2 of section 107 a person abets by hiding when by
any act done either prior to or at the time of the commission of the act he
intends to facilitate and does in fact facilitate the commission thereof.
CHARACTERISTIC OF ABETMENT
Following are the characteristics of abetment
I Abetment is a substantive offence abetment is a substantive offence
therefore the fact that a principal cannot be brought to trial does not prevent a
charge of abetment against abettor.
Ii Abettor may be convicted for separate offence. The fact that his abettor
found guilty of abetting an offence of manslaughter does not prevent principal
offender from being guilty of murder
Iii Actual knowledge or intention necessary in order to constitute abetment
intention is necessary the person having no knowledge of fraud could not have
intended to aid the commission of an offence under section 406.
Offence punishable with imprisonment under section 120 if offence is
punishable with imprisonment only and the offence is committed to
punishment that imprisonment that may extend to one fourth provided for the
offence with or without fine and if offence is not committed that imprisonment
may extend the n eight of the longest term provided for the offence with or
without fine.
3. AN OVER VIEW OF THIS TOPIC
That I conclude this topic to saying abetment is rightly declared a substantive
offence of the purpose very aptly defined by benthan as The discovery of such
preparatory offence with the object of prohibiting than would reduce the level
of the principal crimes committed in consequence to them.
