Sometimes, indirectly participating in committing an offence itself may also become a punishable offence. In such crimes, the offenders do not directly involve themselves in the offence. However, their abetment can become punishable in itself. These offences relate to Section 107, IPC under the chapter of abetment.
Abetment under Section 107, IPC
Chapter 5 of the Indian Penal Code, 1860 deals with offences relating to abetment. Abetment basically means the action of instigating, encouraging or promoting a person into committing an offence. It can also mean aiding the offender while he is committing a crime.
When more than one person contributes to committing an offence, each person’s involvement may vary. This variation may be either in the manner or in the degree to which the involvement occurs.
For example, one person may procure a gun and hand it over to another who may shoot somebody with it. The former person is guilty of abetment, while the latter commits murder.
Definition of Abetment:
The definition of abetment under Section 107, IPC requires a person to abet the commission of an offence. This abetment may occur in any of the three methods that the provision prescribes.
The Section says that abetment basically takes place when a person abets the doing of a thing by:
(1) instigating a person to do that thing; or
(2) engaging with another person (or persons) in a conspiracy to do that thing; or
(3) intentionally aiding a person to do that thing.
When any of these requirements exists, the offence of abetment is complete. Sometimes a person may commit more than one of these three circumstances in a single offence.
(1) Abetment by Instigation
Instigation basically means suggesting, encouraging or inciting a person to do or abstain from doing something. Instigation may take place either directly or indirectly, by written or oral words, or even by gestures and hints.
The instigation must be sufficient to actively encourage a person to commit an offence. It should not be mere advice or a simple suggestion. The Instigator need not even possess mens rea (a guilty intention to commit the crime).
Explanation 1 of this Section throws some lights on what instigation may mean in this context. It says that instigation may generally happen even by:
(a) wilful misrepresentation; or
(b) willful concealment of a material fact which a person is bound to disclose.
For example, a court directs Amit, a police officer, to arrest Raj under an arrest warrant. Brijesh informs Amit that Chandan is Raj despite knowing that he is not. Under this misrepresentation, Amit ends up arresting Chandan instead of Raj. In this case, Brijesh is guilty of abetting Amit in wrongfully apprehending Chandan.
(2) Abetment by Conspiracy
Conspiracy basically means an agreement between two or more persons to commit an unlawful act. Merely intending to commit an offence is not sufficient for this purpose.
Thus, the conspirators must actively agree and prepare themselves to commit that offence, it becomes a conspiracy. Furthermore, the act which the conspirators conspire to commit itself must be illegal or punishable.
For example, in dowry death cases, the in-laws of the victim are often guilty of abetment by conspiracy. They may do so by constantly taunting, torturing or instigating the victim. Even suicides may take place in this manner through abetment by conspiracy.
(3) Abetment by Aiding
The third manner in which abetment may take place is by intentionally aiding the offender in committing that offence. This generally happens when the abettor facilitates the crime or helps in committing it. The intention to aid the offender is very important.
For example, merely giving food or clothing to an alleged offender may not be punishable. But giving him food, clothing and shelter to help him hide from the police or commit a crime is punishable.
Punishment for Abetment:
Abetment of certain offences is punishable under specific Sections of IPC or under other laws. For example, abetment of suicide is punishable under Section 306. However, when no specific provision exists, the abettor will be punished with the punishment prescribed for that particular offence he has abetted.
Provoking, encouraging and aiding anyone for doing any criminal act which is punishable by law is known as abetment. This article talks about chapter V of Indian Penal Code, 1860 i.e Abetment. Criminal Law in itself is very clear while imparting any kind of punishment and holding anyone liable under any kind of offences.
Chapter V of Indian Penal Code, 1860 is the first offence which starts in Indian Penal Code, 1860 stating that the mastermind behind the commission of offence should not be set free on the mere ground that the actusrea has not been done by the person behind the offence committed or yet to be committed. The concept of abetment has widens the scope of criminal law to incorporate these criminal intension and penalize them according to the provision laid down under chapter V of Indian Penal Code, 1860.
There are four stages of crime which is read as below:
For any offence being committed or instigates other for there commission there should be a human being, Human being plays an important role in any kind of criminal act being done by himself or either made other to do so and be liable for the same.
Intension and knowledge plays and important role in any criminal act being done by human being. However a non- criminal behavior as simple as buying a knife for household use becomes criminal when there is any kind of criminal intension behind getting the knife.Non of the act can be considered itself a crime if done with guilty mind.
After the formation of an intension mere execution is necessary which is followed by actusreai.e the act done in return of the intension formed causing injury to others.
Last stage is the offense itself which is the result of any kind of criminal intention and criminal act punishable under law. Eg: Murder, Rape, Robbery, etc.
So , in middle of the above four stages abetment may take placei.e at the very initial stage of planning where the intension is develop by one person but the act is done by other as a result of instigation for the commission of an offence. Abetment is a substantive offence where the commission of offence is not considered, one is held liable for mere instigating, conspiring and aiding other for the commission of the offence.
Case law:
SheoDail Mal, 1894:
This case held that instigation may be direct or it may be through letter. Where A writes a letter to B instigating thereby to murder C, the offence of abetment by instigation is complete as soon as the contents of letter becomes now to B.
Queen vs Mohit:
A women prepared herself to become sutti in the presence of the accused persons. They followed herupto the pyre and stood by her step sons crying “Ram Ram”. One of the accused also admitted that he told the women to say “Ram Ram”. It was held that all those that followed her to the pyre and stood by her crying “Ram Ram” would be guilty of abetment as the actively abetted her.
Pandala Venkatasami 1881:
It was held that if a person prepares, in counjuction with others a copy of an intented false document and buys a stamp paper for the purpose of writing such a false document and also ask for information as to fact to be inserted in such false document, he would be guilty for abetment of forgery because these are the acts done to facilitate the commission of the offence.
Conclusion:
Abetment is said to be a substantive offence which is punishable in itself respective of the act abetted is committed or not. When any act is done as a consequences of instigation, conspiracy and aid, the person performing such act is held liable under Indian Penal Code, 1860 but the person behind the commission of an act will also be held liable for abetment as the instigation for such commission has been done by that person.
Therefore , we say that abetment as an offence is just and fair law which enhances the principle of natural justice in legal system. As explained above there are four stages of crime and abetment may take place at initial level of planning and punishable with that of imprisonment or fine or both as may be expressed in the provision.
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