Monday, May 27, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

IPCMODEL ANSWER

ABETMENT

Explain in detail the offence of abetment given under section 107 of Indian Penal Code, 1860.

According to Indian Justice Delivery System, if an accused commits a crime, then only punishment is given to that accused and the main purpose of giving punishment to an accused is to create deterrent effect in the society and as well as to give chance of reformation to an accused. But sometimes, the abovesaid system allows to punish that person who has not committed an offence but who has encouraged another person to commit an offence.

Sometimes, it becomes very difficult for a person to commit a crime and even after preparing himself to commit a crime, he may change his mind and drop the idea of committing that crime but even another person encourages him or gives him an aid, then in such a situation the chances of commission of a crime increases gradually. So, to prevent such kind of situations, the Indian Parliament has introduced section 107 in the Indian Penal Code, 1860, which deals with the provisions of “Abetment”.

The concept of abetment widens the scope of criminal law to incorporate those criminal intentions and penalize those persons who actually do not commit a crime but aids another person to commit a crime.

  

The term ‘abetment’ has been derived from the word ‘abet’ which means to aid, help, promote, assist or encourage. So, if a person encourages another person to commit a crime, then it will be considered that the former person has committed the offence of abetment.

In the leading the case of Sanju vs. State of Madhya Pradesh (SC 2002), the Hon’ble Supreme Court defined the term ‘abet’ as meaning to aid, to assist or to give aid, to command, to procure, or to counsel, to countenance, to encourage, or to set another one to commit a crime. In this case, the Apex court said that the definition of ‘abet’ as laid down makes it clear that abetment only occurs when there are at least two persons involved.

Section 107 of Indian Penal Code, 1860, deals with the provisions of Abetment and according to this section an offence of abetment can be constituted by three ways and these are given below: –

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

According to section 107 of Indian Penal Code, 1860, sometimes, a person himself does not commit a crime but he encourages another person to commit a crime and if one person instigates another person to commit a crime, then in such a case, that former person will be held liable for having committed the offence of abetment. But to hold an accused liable for having committed the offence of abetment, it is necessary to prove that the instigation has been done by criminal intention. If the prosecution fails to prove the criminal intention, then in such a case, the accused will not be held liable for having committed the offence of abetment.

  

In the leading case of Parveen Pradhan vs. State of Uttaranchal (2012), the Hon’ble Court held that an offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has been abetted. However, the words uttered in a fit of anger or omission without any intention cannot be termed as instigation.

On the other hand, section 108 of Indian Penal Code, 1860, deals with the provisions of abettor. According to this section, a person who abets another person to commit an offence, that person is considered as an abettor whereas the person to whom the abettor has abetted is known as abetted person.

 

According to section 108 of Indian Penal Code, 1860, the offence of abetment is complete in itself and if an abettor abets another person to commit an offence and the latter person refuses to commit the offence, then in such a situation also, the abettor will be held liable for having committed the offence of abetment. He cannot claim that the abetted offence has not been committed by the abetted person.

According to section 108 of Indian Penal Code, 1860, if an accused has abetted an offence, it is sufficient to held him liable for having committed the offence of abetment.

  

For example: – Mr. A instigates Mr. Z to murder Mr. X but Mr. Z refuses to do this. Even if Mr. Z has refused to murder Mr. X, Mr. A will be held liable for having committed the offence of abetment by instigating Mr. Z to commit the offence of murder.

Moreover, according to section 108 of Indian Penal Code, 1860, an abetment of an abetment of an offence is also considered as an offence. For example: – C instigates D to instigate E to commit the offence of rape upon a girl named F. According to the instigation, E commits the offence of rape. In this case, E will be held liable for having committed the offence of rape and D will be held liable for having committed the offence of abetment and alongwith D, C will also be held liable for having committed the offence of abetment.

According to the provisions of Indian Penal Code, 1860, if an accused abets any offence and because of the abetment, the abetted person commits the abovesaid offence, then in such a case, an abettor will be punished with the same punishment that has been provided for the commission of abovesaid offence whereas if the abetted person does not commit the abetted offence, then in such a case, different punishments has been prescribed under section 115 and 116 of the Indian Penal Code, 1860.

  

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