Abetment in India of offences outside India.- A person abets an offence within the meaning of this Code who, in [India], abets the commission of any act without and beyond [India] which would constitute an offence if committed in [India].
Illustration
A, in [India], instigates B, a foreigner in Goa, to commit a murder in Goa.
A is guilty of abetting murder.
IPC Section 108A: Simplified Explanation
IPC Section 108A of the Indian Penal Code (IPC) addresses the concept of abetment related to offences committed outside of India. This section is significant for establishing the extraterritorial jurisdiction of Indian law concerning abetment. Here’s what Section 108A entails:
- Abetment of Offenses Abroad: This section makes it an offence to abet the commission of any act outside India which, if committed in India, would constitute an offence under the IPC.
- Jurisdiction Over Abettors: Even if the primary offence is committed outside India, a person who abets that offence from within India can be tried and punished as if the abetted offence had occurred within Indian territory.
- Dual Criminality Requirement: For the abettor to be prosecuted under this section, the act abetted must be a crime both in the place where it is committed and in India. This means the legal definition of the offence needs to be convergent in both jurisdictions.
- Scope and Application: This section effectively extends the reach of Indian criminal law to actions taken within India that have implications for crimes committed in other countries. It ensures that individuals cannot evade liability simply by orchestrating or supporting criminal activities beyond India’s borders.
Section 108A underscores the principle that the geographic location of the crime does not protect those who facilitate or instigate criminal acts from within India. This provision is crucial in combating international crimes and ensuring accountability for cross-border criminal activities.
