A person abets the doing of a thing, who –
- Instigates any person to do that thing; or
- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
- Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1
A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2
Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.
IPC Section 107: Simplified Explanation
In Indian law, IPC Section 107 of the Indian Penal Code (IPC) defines and addresses the concept of abetment. Abetment can take various forms, including the encouragement, instigation, or aiding of another person in the commission of an offence. Here’s a breakdown of what Section 107 covers:
- Instigation: Encouraging or provoking someone to commit an offence, either directly or indirectly.
- Conspiracy: Engaging in a conspiracy where an act or illegal omission occurs under the conspiracy and committing that act.
- Intentional Aiding: Intentionally aiding another person, by an act or illegal omission, to commit an offence.
Under IPC Section 107, a person can be charged with abetment if involved in any of the above actions leading to the commission of a crime. It’s okay for the crime to be completed for the abetment charge to be applicable; the act of abetment itself is punishable.
The law, under IPC Section 107, seeks to hold accountable not just the principal offenders, but also those who contribute to the commission of a crime. This inclusivity is a fundamental part of the IPC, as it extends liability to those who play a role in facilitating criminal activities, ensuring fairness and justice.
