IPC Section 107 - Abetment of a Thing
According to Section 107 IPC, A person is said to abet the doing of a thing, who
- First: Instigates any person to do that thing
- Secondly: Engages with one or more other 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
- Thirdly: Intentionally aids, by an act or illegal omission, the doing of that thing.
For the purpose of Sec 107 IPC, explanations are also provided, which states as:
Explanation 1- A person who, by willful misrepresentation, or by willful 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.
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.
Now moving further with the explanation to Section 107 Indian Penal Code. The section talks about when a person can be said to abetting the commission of an offence.
Here Sec 107 Indian Penal Code defines ‘abetment’ which is completely a separate and distinct offence from Conspiracy. Most of the time abetment is confused with conspiracy. However, Abetment involves a mental process of instigating a person or the act of intentionally aiding that person in doing of a thing. Whereas, in the cases of conspiracy it would also involve the mental process entering into the doing of an act.
According to IPC 107, a person abets the doing of a thing when:
- He instigates any person to do that thing
- Engages with one or more other persons in any conspiracy for the doing of that thing; or
- Intentionally aids, by an act or illegal omission, the doing of that thing.
These are considered as the essential ingredients to complete the act of abetment which is said to be a crime.
The act of abetment could take place either by instigation, conspiracy or intentional aid. The offence for the abetment of which a person is charged with can only be linked with the proven offence.
The term ‘instigate here denotes to incitement or urging to do some drastic or inadvisable action. In committing Abetment, mens Rea is the necessary ingredient. When a person provokes another to do an act prohibited by law, he is said to commit the offence of abetment by instigation.
Say for an instance- If a person on the instigation given by another kills somebody, the person who instigated will be held liable for the offence committed.
A person is said to abet the commission of an offence by conspiracy if he enters into an agreement with one or more persons to do an illegal act.
Say for an instance- If a servant on the agreed plan with thieves keeps the door’s of his master’s house open at night and the theft is committed, the servant will be punished for committing abetment by conspiracy.
A person is said to abet the commission of an offence if he intentionally provides assistance or gives aid by doing or omitting an act. Mere intention to provide assistance is not sufficient in these cases. To hold a person guilty and liable to punishment for abetment, there must be some active conduct on the part of the abettor and the act must be accomplished in furtherance of that.
Say for an instance- if a person X starts shouting and instigates Y to kill person Z, and in the meantime, Person A puts a weapon in Y’s hand, in such cases, both X and A will be held liable for aiding to commit the offence.
The term of punishment for committing the offence and whether the act committed is a bailable offence or not, depends on the nature and gravity of the act committed.
