Abetment under IPC

Under the Indian Penal Code (IPC), provocation, encouragement, or assistance to another person is considered abetment and is punishable by law. The Indian Penal Code, 1860's Chapter V discusses abetment, and the legislation is rather explicit in this respect. The defence of absence of actus reus cannot be used by an accomplice or leader of the crime to avoid punishment. It is essential to comprehend the grave repercussions and legal ramifications associated with abetment before discussing the subject.

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This Story also Contains

1. Stages of Crime
2. What is Abetment
3. Essential of Abetment Under Section 107 IPC
4. Various Provisions on Abetment Under IPC
5. Case Laws on Abetment
6. Conclusion

Stages of Crime

Sections 107–120 of the Indian Penal Code, 1860, contain comprehensive information about the offence of abetment and its associated penalties. The Indian Penal Code defines abetment as the mere instigation, commission, or aiding of an offence; the commission of the offence need not be taken into consideration for the punishment to be upheld. Abetment can occur at any point during the aforementioned stages. A description of the four stages of a criminal act is given below:

Intention

Humans are liable for their misdeeds since they are legal beings with purposes. This just suggests that people are born with a sense of duty to the law. Intentions become actions as a result of specific factors. If there is any hint of criminal intent or mens rea, non-criminal behaviour turns into criminal behaviour. Nevertheless, determining someone's genuine intentions can be an elusive task, making it now hard to establish criminal responsibility with certainty.

Preparation

The act of preparing something or starting the process of committing an offence before it is committed is referred to as preparation. Because it is impossible to determine whether the accused planned the conduct for the particular crime or not, preparation is not criminal by law. This is ascertained by the test of locus penitentiale, which essentially indicates that an individual has the opportunity to abstain from illegal conduct before its completion.

Attempt

An effort to commit that particular offence is defined as an activity taken in furtherance of preparation and intention. Section 511 of the Indian Penal Code punishes an attempt to commit a crime or a preliminary offence. An attempt to ascertain a person's criminal responsibility may also be referred to as a preliminary crime. Testing for locus poenitentiae, closeness, social hazard, and equivocality can help distinguish between the narrow line that separates attempt from preparation.

Commission

When an effort to commit a crime is successful, it is considered accomplished and is subject to punishment under several sections of the code, depending on the specific offence committed. When a specific offence is committed or accomplished, that is when a person becomes criminally liable because there is still a risk associated with the crime.

What is Abetment

It is against the law to assist, encourage, or instigate someone to commit a crime, according to the Indian Penal Code (IPC). It is a severe offence with severe consequences since it willfully assists in the commission of a crime.

Sections 107 to 120 of the Indian Penal Code (IPC) include laws regarding abetment. These sections outline the consequences for a variety of types of abetment, taking into account the gravity of the offence committed, and include incitement, conspiracy, and assistance. Guidelines for assessing an abettor's liability when the crime they assist with is not the same as the one they intended or planned are also included in these sections.

Essential of Abetment Under Section 107 IPC

Instigation of Abetment

While conspiracy refers to an agreement between two or more people to commit a crime, instigation is the act of pushing or inspiring someone to commit a crime. Giving someone material support or assistance, like a car or a gun, is what is meant to be considered to help someone commit a crime.

Instigation is criminal under Section 107 of the IPC, which establishes the fundamental tenet of abetment. Section 108 of the IPC provides comprehensive guidelines for instigation and specifies the suitable punishment based on the gravity of the offence. A fine, three years in prison or both could be imposed if the incitement leads to the committing of a minor offence. A fine and life in jail, or a sentence of up to ten years in prison, may be imposed in case the incitement leads to the commission of a significant offence.

Conspiracy of Abetment

When two or more people band together to carry out a conspiracy to achieve a certain goal, it may be considered an offence. Criminal conspiracy is defined in Section 120A of the IPC and is punishable even if the act committed is insufficient to qualify as a crime. If the attempt made does constitute a crime, it is considered abetment by conspiracy. As a result, there will be three requirements for conspiracy-related abetment:

• The conspiracy is committed by two or more persons.

• As a result, only that plot will result in an illegal act.

• The act in question needs to occur during the conspiracy's inception.

Aiding of Abatement

According to the Indian Penal Code, aiding is a subset of abetment and is defined as giving tangible support or assistance to someone who is committing a crime. This implies that a person may face charges of aiding and abetting if they give another person guns, transportation, or any other kind of material support for them to commit a crime. Any kind of material support that helps someone commit a crime is considered a sort of aiding. Giving someone a getaway car, a key to a building they intend to break into, or even merely advice or direction on how to commit a crime are all considered forms of assistance under the law.

Anybody, even if they are not physically present at the criminal site, can aid and abet. This implies that even if a person does not physically participate in a crime, they may still be held legally responsible if they support or aid in its commission.

Various Provisions on Abetment Under IPC

Section 108 IPC- Who is Abettor

A person who assists in the commission of an offence or an act that would be deemed illegal if carried out by someone qualified by law and with the same intent or knowledge as the abettor is referred to as an abettor under Section 108 of the Indian Penal Code, 1860.

It is not necessary for the person aiding and abetting to have the same guilty knowledge or intention as the person being assisted, nor does it need that he be competent to carry out the precise act legally. The assistance provider does not have to share the same mens rea or intent for an offence to be prosecuted.

Section 109 IPC- Punishment for Abetment

The Indian Penal Code, 1860, Section 109, establishes the penalty for abetment where the act abetted is carried out as a result and there is no specific provision for its punishment. If an individual aids and abets in the commission of an act and no specific provision is made to address the punishment for such aiding and abetment, the person will be punished according to the laws governing the offence.

An act is carried out when someone or a group of individuals encourages another individual or group of people to do so, which can also happen as a result of a conspiracy. The mentioned offence, which may or may not be cognizable and bailable, is also comprised of mere help.

Section 110 IPC- Abetment of an Offence with Different Intention

Section 110 of the Indian Penal Code describes the penalty for assisting and abetting a crime where the accomplice has a different purpose than the abettor. The person assisting and abetting shall be punished for the original offence they were abetting, not for any subsequent offence, even if their motivation is different from the person being aided. It would be assumed that the person who assisted committed the crime with the abettor's intention.

Section 111 IPC- Liability of an Abettor

Abettor responsibility is outlined in Section 111 of the Indian Penal Code in cases when the conduct committed differs from the act assisted. The abettor will be held responsible for the done act in the same manner as he would have been if the abetted conduct had taken place if the act is done and the abetted act is not the same. The conduct taken should have been the result of the provocation, assistance, or conspiracy behind the abetment in question and should have been a plausible explanation for the abetment that was carried out. There is a clear correlation between the assistance and the action taken.

Section 112 IPC- Cumulative Punishment for Abetment

The cumulative penalty for both the conduct committed and the act encouraged is outlined in Section 112 of the Indian Penal Code. According to this Section, the abettor shall be held accountable for all of the offences if both the act they assisted and the act for which they are held liable under Section 111 of the IPC comprises separate offences.

For Example- A uses force to get B to resist becoming distressed, and B complies. He intentionally forces the cop to suffer great harm while acting. As a result, B faces punishment for both the voluntary infliction of severe injury and the offence of creating distress. In this case, A would also be accountable for both offences if he knew that B was likely to inflict serious harm even as he was resisting distress.

Section 113 IPC- Liability of an Act Caused by Abetment which is different from the Intention

According to Section 113, an abettor is liable if the conduct they assisted had an outcome that was not what they had in mind when they assisted it. To put it another way, the offender who was helped commits a different crime from the one for which he was assisted. Abettor: a person who assists another in committing a crime. Nevertheless, the victim commits another crime as a result of the abettor's actions, which the abettor did not intend to do. In this scenario, the person who encouraged the act would be held accountable for the real deed in the same way that they would have been if the initial act had been carried out. For the abettor to be subject to punishment under this clause, it is also necessary for him to be aware that the act he incited may result in another act.

Section 114 IPC- Punishment for Presence of Abettor

The punishment for the abettor being present while the offence is done is outlined in Section 114 of the Indian Penal Code. Anyone found to have committed an offence and subject to the punishment for that offence is considered to have done so if they were present at the scene of the crime and would otherwise be penalized for aiding and abetting.

There is a subtle difference between the objective mentioned in Section 34 and Section 114 of the Indian Penal Code. Section 34 states that the offence can occur without the offender being present. Even when one is far away, one might participate in an offence with the same intent. On the other hand, Section 114 requires the aiding and abetting party to be present at the crime scene. Section 34 of the Code governs the trial of the major offenders' acts. In contrast, the abettor must have made himself accountable as an abettor before the performance of the act for Section 114 to apply. While Section 114 only applies to Sections 107, 109, 115, and 116, Section 34 covers all offences under the Indian Penal Code. While Section 114 specifies a distinct statutory offence, Section 34 does not define a different offence.

Section 115 IPC- Offence of Abetment Punished With Death Penalty

The Indian Penal Code, Section 115, addresses offences that carry a life sentence in jail or the death penalty if the offence is not committed. Anyone who aids in the commission of an offence under this code that carries a death sentence or life in prison, even if the offence was not committed as a result of the assistance, faces a maximum sentence of seven years in prison and a fine.

If the harmful act is carried out as a result, and if the abettor does any other acts that put them in danger of hurting someone, they will be held accountable and face a maximum sentence of fourteen years in prison as well as a fine.

Section 116 IPC- Offence Punishable if Offence not Committed

The Indian Penal Code's Section 116 addresses offences that carry a jail sentence even in cases where no crime is committed. The punishment for aiding and abetting a potential offender who is a public worker whose job it is to stop the offence or its commission will be up to half of the maximum sentence, the fine specified for the offence, or both. Currently, if abettors aid in the commission of an offence, they will be imprisoned; however, if the offence is not committed and no other specific provisions are made as a result, they will be punished for any offence listed for a term that could equal one-fourth of the maximum sentence for that specific offence, a fine, or both.

Section 117 IPC- Offence of Abetment by Ten or More People

The Indian Penal Code, Section 117, lays out the penalties for aiding and abetting the commission of a crime by the general public or by 10 or more individuals together. This Section punishes anyone who, through influencing the public or a class or number of people greater than ten, commits or aids in the commission of an offence. The maximum sentence is three years in prison, a fine, or both.

Section 118 IPC- Punishment for Concealment of Designs

The Indian Penal Code, Section 118, addresses the penalty for concealing designs for an offence that carries a life sentence or the death penalty. Anyone who knowingly hides the existence of a design and wants to facilitate or knows that doing so will enable the commission of an offence punishable by death or life in prison is subject to legal action. Methods like an act or omission, encryption, or a tool for hiding could be used to accomplish this. They need to understand that the false image he is putting forth is intended to conceal the presence of the design.

Depending on whether the crime was committed in this instance, the proper penalty and fine may be imposed. If it is committed, the encourager faces a maximum seven-year sentence in prison. If no crime is committed, the encourager faces a maximum three-year prison sentence, a fine, or both.

Section 119 IPC- Offence of Public Servant Concealing Designs

The Indian Penal Code, of 1860, specifies the penalty for the offence of a public servant hiding a plan to commit a crime that it is his responsibility to stop under Section 119. If you intend, assist, or know that your actions would enable the commission of an offence that you are obligated to prevent, you will be held liable under this section as a public worker. Voluntary concealment could be defined as any act, omission, or encryption that hides the presence of a plan to commit such an offence. A Public official faces consequences if they make any misleading representations that they know to be untrue.

If the offence is committed, the punishment for aiding and abetting will be equal to half of the maximum sentence for the offence, a fine, or both. Such abetment may result in a ten-year sentence if the offence carries a death sentence. If no crime is committed, the punishment for aiding and abetting will amount to a maximum of one-fourth of the maximum penalty for the alleged crime.

Section 120 IPC- Imprisonment for Concealment of Designs

The Indian Penal Code, 1860, Section 120, addresses the penalty of concealing designs, which carries an imprisonment sentence. Anyone who knowingly and intentionally aids in the commission of a crime that carries a jail sentence willfully conceals the existence of such a plan for that specific crime through an illegal act or omission. Even if the individual makes any representation in line with that design that they know to be untrue, they will still be held accountable.

If the offence is committed, the abetment sentence can go up to a quarter of the maximum punishment for the resulting offence. If the crime is not committed, the punishment for it can be as long as the longest penalty for that crime, plus a fine, or both.

Case Laws on Abetment

In the case of, Madan Mohan Singh v. State of Gujarat

In this case, The dead person had heart bypass surgery before the incident. The victim used to get hounded by the accused all the time and told to run his errands. He threatened to fire the victim and chastised him repeatedly. The accused in this case was the deceased's superior officer, and as such, he gave orders that the deceased could not obey. Next, the accused threatened to put the deceased on leave. The deceased took his own life after hearing all of the accuser's harsh words. Since every higher official is legally accountable for carrying out their duties, the Apex Court declared the accused not guilty of abetment by incitement, holding that there is no direct connection between what constitutes and does not constitute abetment.

In the case of, Promtia Dutta v. State of West Bengal

In this case, The petitioner committed suicide as a result of her mother-in-law's and husband's heartless behaviour. Even though there was no clear incitement to commit suicide as a result of her family's improper treatment, the Supreme Court ruled in favour of the petitioner.

Conclusion

Section 107 of the Indian Penal Code 1860 deals with the offence of Abetment. The offence of Abetment is a serious crime in India. In the offence of Abetment illegal aid, encouragement and instigation are done to commit a crime. The essentials of Abetment include instigation, Conspiracy and aiding in an offence. The punishment for the offence of Abetment is decided by giving special attention to the scenario and circumstances of the criminal act committed. Section 108 to section 120 of the Indian Penal Code 1860 deals with the various scenarios of abetment and the punishment that arises.