This article has been written by Ms. Naina Singh, a 2nd year Law Student from Amity University, Punjab.
ABSTRACT
According to the Cambridge Dictionary, Abetment is the act of helping or encouraging someone to do something wrong or illegal. Abetment is constituted by abetting a person to commit a crime or an offense and engaging in a conspiracy or intentionally including a person to commit a crime. This article will be dealing with the “Abetment of Crime” through the Indian Penal Code. Abetment in IPC is provoking, encouraging, and aiding anyone to do a crime or a criminal act punishable by law.
WHAT IS ABETMENT?
Abetment lies under sections 107 – 120 of the Indian Penal Code. The meaning of abetment lies under section 107. It means to abet, instigate, help, and encourage to execute a criminal intention. The Indian Penal Code makes no distinction between principals in either the first or second degree. All those who are present at the scene and participate in the commission of a crime are liable either as the actual offender under the specific sections of the Code or under the provisions governing joint and constructive liability. The Penal Code, however, makes a broad distinction between a principal and an abettor, who correspond roughly to accessories before the fact.
Abetment consists of three acts which are under section 107:
- Abetment by instigation: Abetment by instigation takes place when a person is intimidated, encouraged, motivated, or pushed to commit a crime. Instigation can be direct or indirect but actively encourages the person to commit the act. In common language, it means to goad or urge forward or to provoke, incite or encourage in doing something.
Explanation I of Section 107 of the Code explains the term instigation. According to it-
“If a person is legally bound to disclose a material fact, wilfully or by wilful misrepresentation conceals it and voluntarily causes or procures or attempts to cause or procure a thing to be done, he will be said to instigate the doing of that thing”.
The illustration given in the Code is that ‘A’ with a warrant from the court is to apprehend ‘B’. ‘C’ wilfully represents to ‘A’ that ‘D’ is ‘B’ and caused his apprehension. Here ‘C’ abets by instigation the apprehension of ‘D’.
A person, therefore, instigates another to an act when he actively suggests or stimulates him to the act by any means or language, direct or indirect, whether it takes the form of express solicitation or of hints, insinuation, or encouragement.
In R. v. Mohit Pande, NWPR, 316(also see, Fugunakant V. State of Assam, AIR 1959, SC.673) the silent approval producing an effect of incitement was held to be an abetment by instigation. In this case, a woman prepared herself for Sati. Therefore, certain people followed her to the cremation ground and stood by her funeral pyre. They all were saying ‘Ram’ ‘Ram’ and the accused had asked the woman also to say ‘Ram’ ‘Ram’. It was held that they were guilty of abetment for actively conniving in the act of the woman killing herself by jumping into the fire.
It may, however, be kept in mind that there must be reasonable certainty in understanding the meaning of words used for incitement.
Where a murderer was incited by these words, “Mar do us ko, mauka achha hai, kya dekhat hai, mar us ko” it was held that a charge of abetment was sufficiently made out. (Prem Narayan v/s State, AIR 1957 All 177).
Instigation can be made by letter or by telephone provided contents are made known to the addressee.
- Abetment by conspiracy: Abetment by conspiracy takes place when two or more people are engaged in conspiring and executing a criminal act. However, even if one or more people, in the same act, are not a part of the execution of the act, it will still fall under abetment by the conspiracy for engaging in the conspiracy.
Thus in order for abetment by conspiracy may be constituted, three things are necessary:-
- A conspiracy between two or more persons;
- An act or illegal omission must take place in pursuance of that conspiracy; and
- Such an act or illegal omission must also take place in order to the doing of the thing conspired.
For example, ‘A’, a servant, enters into an agreement with thieves to keep the doors of his master’s house open at night so that they might commit theft. ‘A’, according to the agreed plan keeps the doors open and the thieves take away the master’s property. ‘A’ is guilty of abetment by conspiracy for the offense of theft.
Thus, it is clear that for an offense under the second clause of
Sec. 107 a mere combination of persons or agreement is not enough; an act or illegal omission must also take place in pursuance of the conspiracy and the act or illegal omission must also be in order to the doing of the thing agreed upon between them.
But, for an offense under Sec. 120A – A mere agreement is enough if the agreement is to commit an offense.
For abetment by conspiracy under Sec. 107 an overt act or illegal omission in pursuance of that conspiracy must be done even though the agreement is to commit an offense.
Clause (2) has to be read together with Explanation 5 to Sec. 108, which provides that it is not necessary to the commission of the offense of abetment by a conspiracy that the abettor should concert (concert (concert- to arrange or continue by mutual agreement) the offense with the person who commits it. It would be sufficient if he engages in the conspiracy in pursuance of which the offense is committed.
- Abetment by aid: This last kind of abetment is abetment by aid where a person knowingly aids the crime or by the omission of a legal act. However, aiding an offender without knowledge, would not be considered abetment by aid. Merely giving the aid does not amount to abetment.
According to Explanation 2 to Section 107 a person is said to aid the doing of a thing if either prior to or at the time of the commission of an act, he does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof.
Aid may be given by act or by illegal omission.
For example, ‘A’ instigates ‘B’ to commit suicide and ‘C’ puts a poisonous drink in ‘B’s’ hand. Here and ‘C’ both are abettors-‘A’ by instigation and ‘C’ by intentional aiding.
Similarly, ‘A’ will be held guilty as an abettor by Intentional aiding if he provides ‘B’ with room for committing gambling.
Simply doing nothing is not an act and unless there is a duty to do something, one cannot say that it is an illegal omission.
For example, a policeman is duty-bound to interfere if an offense is being committed. If he remains a silent spectator of an offensive incident he will be in the same position as if he has encouraged its doing.
Similarly, if an In charge of Thana knows that the accused\prisoner is likely to be harassed by policemen in his absence, and even then he leaves the thana enabling his subordinates to harass the accused, he will be held guilty as abettor intentionally aiding.
WHO IS AN ABETTOR?
Section 108 of the Indian Penal Code states that a person who abets either the commission of a crime or the commission of an act that would be an offense is called an abettor.
Five propositions in section 108 of the Indian Penal Code are as follows:
- The subsiding of an act’s illegal omission or failure may amount to an offense, even though the abettor may not be bound to that act. If a public servant is guilty of illegal activity or if a private person instigates him and he abets the offense, it makes the public servant guilty.
- To constitute abetment, it is not necessary for the act to have been committed. The crime of abetment depends upon the intention of the offender who abets and not upon the actual actions done by the abetted.
- The third provision is that the person doesn’t need to be capable by law of committing an offense or crying or having the same intentions or knowledge as the abettor. Abetment is a significant offense, irrespective of the criminal intent or knowledge to be the same as that of abettor; just mere instigation to commit a criminal offense is necessary, either capable by law or not.
- When the abetment of an offense is a crime, the abatement of such an abetment is also a crime.
- To constitute the offense of abetment by conspiracy, it is not necessary that the abettor is sure of a concert offense with the person who commits it. It is enough if the person engages in the conspiracy in pursuance.
PUNISHMENT FOR ABETMENT
The punishment for abetting a crime is based on the severity of the offense committed. Section 109 of the IPC states that an abettor will be punished to the same extent as the person who commits the crime or attempts to commit the crime. Provisions for the punishment of a different kind of abetment are contained in Sections 109 to 120. However, if the crime is of a minor nature or a misdemeanor, then the abettor may be punished with a lesser sentence. For instance, if someone abets another person to commit murder, then the abettor can be sentenced to life imprisonment or the death penalty, depending on the severity of the crime. But if the abetted crime is of a lesser degree, say, theft or cheating, then the abettor can be punished with imprisonment of up to three years or a fine.
- Sections 109 and 110 prescribe the punishment of abetment if the act abetted is committed in consequence of the abetment,
- Sections 111 to 113 deal with aggravated acts and make it clear that the abettor is punishable not only for the offense abetted but also for the offense committed. So when an act is abetted and a different act is done or an additional act is done which is the probable consequence of the abetment, the abettor will be liable in the same manner and to the same extent as if he had directly abetted it.
- Whereas sections 115 and 116 provide for punishments where the offense is not committed in consequence of abetment.
- Sections 115 to 117 prescribe the punishment for abetting offenses punishable with death or imprisonment for life or imprisonment.
CONCLUSION
Abetment is a serious crime as it enables an offender to commit an offense he might not have been able to commit without the help of an abettor. It is essential to understand the concept of abetment and its various forms to prevent the commission of crimes. The abettors must realize the gravity of their actions and should refrain from providing any aid or encouragement to any person to commit a crime. If found to be involved in abetting, they will be subjected to the same punishment as the principal offender.
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