This article has been written by Miss. Maitri Jain a 5th year B.A.LL. B student of Teerthankar Mahaveer University.

INTRODUCTION:

When several persons take part in the commission of an offence, each one of them may contribute in a manner and degree different from the other to the commission of it. The offence may be committed by the hands of one person at the instigation of another person, while some other may only be present for offering help at the time of commission of it, and still others may help principal culprit in procuring the tools. It is necessary, therefore, to determine their degree of culpability. However, several gradations of action do not necessarily imply different measures of guilt with a view to distinction in punishment.

MEANING OF ABETMENT:

The provision related to abetment is explained under section 107-120 of chapter V of Indian penal code.

Abetment is an offence only if the act abetted would itself be an offence punishable under Indian penal code or under any other law for time being in force.

It was held in Gangula Mohan Reddy v. State of Andhra Pradesh, that abetment involve mental process of instigation or intentionally aiding person to do certain thing. Some positive act by accused is essential to constitute abetment.

WHO IS AETTOR:

Under section 108 of Indian penal code the term Abettor is define. According to section 108:

The abettor must substantially assist the principal culprit towards the commission of the offence. Abettor means:

1. One who abets the commission of an offence, or
2. One who abet the commission of an act which would be an offence if committed by a person not suffering from any physical or mental incapacity.

UNDER INDIAN LAW

The Indian penal code makes a broad distinction between principal and abettors but does not recognize the accessory after the except that harboring of offenders has been made a substantive offence in some case. Under the Indian penal code abetment is constituted in the following ways:

1. By instigating a person to commit an offence; or
2. By engaging in conspiracy to commit an offence; or
3. By intentionally aiding a person to commit an offence.

• ABETMENT BY INSTIGATION:

Instigation means the act of inciting another to do a wrongful act. One may abet the commission of an offence by counselling, suggesting, encouraging, procuring or commanding another to do an act. In order to constitute abetment by instigation some active proceeding towards the perpetration of the crime is necessary. To instigate means to actively suggest or stimulate by any mean or language, direct, or indirect, whether it takes the form of express solicitation, or to provoke, incite, urge or encourage to do an act.   Any form of language may be used but there must be reasonable certainty in regard to the meaning of the words which an inciter may use. However, the actual words need not be proved.

• ABETMENT BY CONSPIRACY:

Conspiracy means an agreement between two or more person:

1. To do an illegal act;
2. To do an act which is not illegal by illegal means.

Abetment by conspiracy consist of two or more persons engage in a conspiracy for the doing of a thing and an act or illegal omission takes place in pursuance of the conspiracy and in order to the doing of that thing. Thus, in order that abetment by conspiracy may br constituted, three things are necessary: –

1. A conspiracy between two or more persons;
2. An act or illegal omission must take place in pursuance of that conspiracy; and
3. Such an act or illegal omission must also take place in order to the doing of the things conspired.

Thus, it is clear that for an offence under the second clause of section 107 a mere combination of person 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 agreed upon between them.

• ABETMENT BY AID:

A person abets the doing of the thing who intentionally aids, by any act or illegal omission, the doing of those things. Clause 3 of section 107 must be read with explanation 2 of the section and if read together it becomes clear that person cannot be held guilty of aiding the doing of an act when the act has been not done at all. Mere intention to facilitate, even coupled with an act calculate to facilitate, is not sufficient to constitute abetment, unless the act which it is intended to facilitated actually take place and is facilitated thereby.

PUNISHMENT OF ABETMENT:

The provision related to punishment for offence related to abetment are explained under section 109 and 110 of Indian penal code as follow:

• SECTION 109: 

This section provides for the same punishment to the abettor as that which may be inflicted on the principal offender provided that-

• The act abetted is committed in consequence of the abetment: and

• On express provision is made in the code for punishment of such an abetment.

This section only lays down that if separate punishment has not been provided by the code for an abetment, then it would be punishable with the punishment provided for the original offence.

• SECTION 110:

This section provides that though the person abetted commits the offence with different intention or knowledge from that of the abettor, yet the abettor would be punished with the punishment provided for the offence abetted.

CONCLUSION:

As with the development of human brain and their work in many different fields the development of technology take place. With the development of technology, the crime rate is also increased day by day in which people are involved together to earn their basic needs by indulging themselves in criminal offences, in these types of criminal offences there is abetment by one to another to perform some particular crime. But our legislation of India has tried to bring the required changes for curing innocent people from it.

REFERENCE:

• INDIAN PENAL CODE: S.N. MISHRA

• INDIAN PENAL CODE: BATUKLAL

• INDIAN PENAL CODE: RATANLAL AND DHIRAJLAL