ABETMENT

by | Aug 16, 2023

Abetment is a criminal law concept mentioned between Section 107 to 120 of the Indian Penal Code (IPC). Abetment, as defined in the Indian Penal Code (IPC) is when a person instigates or assists another person to commit a crime. Abetment is the act of aiding, promoting or encouraging the commission of a criminal offense. Abetment can take the form of instigation, aiding, or encouraging the crime. The abettor is the one who instigates or helps in the commission of the offense. In order for an act to be considered abetment, the person should have taken some proactive steps and acted in a way that was intended to cause the crime to take place. Abetment can be in the form of actively encouraging someone or providing assistance, either before or during the crime. Abetment consists of three important elements:

 

  • Instigation,
  • Intentional aid, 
  • Engages with one or more other person or persons in any criminal conspiracy.

 

The instigator must provoke or urge someone to commit an offense, while the intentional aid involves actively assisting the offender in carrying out the crime. An essential requirement is the existence of a common intention between the abettor and the person who commits the crime. It  includes abetment by instigation, where the abettor actively encourages the commission of a crime; abetment by intentional aid, where the abettor provides assistance to the offender; and abetment by conspiracy, where multiple individuals plan and conspire to commit a crime.

 

Abetment is a serious offense and is punishable under the IPC. The punishment for abetment varies depending on the nature of the crime that was abetted. If the abetted crime is punishable with death or life imprisonment, then the abettor may be subject to the same punishment. If the abetted crime is not punishable with death or life imprisonment, the abettor can be penalized with imprisonment for up to seven years, along with a possible fine.

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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