Q. Define abetment. What are its different kinds and punishments provided under P.P.C .(2003)(2002)(2004/S)
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Q. Define abetment? What punishments has been provided for it.(2000)(2005/S)
Q. Define abetment and abettor what punishments is provided if the act abetted is committed in consequence of abetment.(1998)
Q. Define abetment and discuss the liability of a abettor in different circumstances(2007/A)
Abetment is an instigation to a person to do an act in a certain way or aid some other person in doing an act which in an offence.
Abetment can be committed only when there is positive evidence of either instigation or conspiracy or intentional aid. At English common law it is committed by the principal in the 2nd degree.
2. Definition of abetment:
(i)Black s law Dictionary:
: To encourage, incite or set another to commit a crime.:
(ii) case law Definition
: Muthammal Va Maruthathal: (1981)
: Abetment is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual commission of the offence.
(iii) Definition u/sea 107 P.P.C:
A person abets the doing of a thing who:
First instigates any person to do that thing, or
Secondly 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
Thirdly intentionally aids, by an act or illegal omission, the doing of that thing.
Following are the relevant provisions of P.P.C regarding the concerned topic
Section 107 to 120P.P.C
4.Essentials of abetment:
(i) There must be an abettor
(ii)He must abet
(iii) The abetment must be an offence
5.Modes to constitute abetment u/sec107:
There are three modes to constitute an abetment.
(i) By instigation
(ii) By conspiracy
(iii) By Ailing
(I) Abetment by instigation:
The word instigate means to goad or urge forward. Instigation shows some sort of advice for the commission of an act, which if dose would be an offence. Advice can become instigation only if it is found that it was meant actively to suggest or stimulate the commission of an offence.
(i) Misrepresentation or concealment as abetment:
According to explanation 1 of sec107,a person who by willful misrepresentation or by willful concealment of an material fact which he is bound to disclose voluntarily causes or procures or attempts to cause or procures a thing to be dose, is said to instigate the doing of that of that thing.
‘A’ knows that ‘B’ is not ‘c there is warrant for the arrest of ‘c’. He represents the offices executing the warrant that ‘B’ is ‘C’. and thereby causes the officer to arrest ‘B’ the officer is guilty of wrongful restraint but ‘A’ is guilty of abetment.
(II) Abetment by conspiracy:
(i) Definition of conspiracy u/sec 120-A P.P.C:
When two or more persons agree to do or cause to be done:
(1) An illegal act, or
(2) An Act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.
1998 P.C r. L. J 1486
It was held that to constitute criminal conspiracy there must be agreement of two or more person to do an act which is illegal or which is to be done by illegal means
(ii) Conspiracy amount to abetment:
Conspiracy can only amount to abetment if an act or illegal omission takes place in pursuance of the conspiracy:
(iii) Concert with person abetted not necessary:
According to explanation 5 to sec 108, concert of abettor with the person abetted is not necessary. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.
(III) Abetment by aid:
If a person joins another in the commission of a crime by which he is benefit and which it would not be possible to commit but for his aid, he is guilty of the commission of the crime of abetment.
According to explanation 2 of sec 107, a person abets by aiding, when by any act done either prior to or at the time of the commission of the act, he intends to facilitate and dose in fact facilitate the commission thereof,
A village magistrate who was present while certain police constable were wrongfully beating the person, and who not stop the criminal act being committed in his presence he abetted within the meaning of this section.
6. Abettor u/sec. 108:
A person abets an offence who abets either the commission of an offence or the commission of an act which be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor:
(I) Abettor may be innocent as principal:
According to explanation 1 of sec. 108, a person can be held guilty as abettor, thought as a principal he omission of an act to a public servant by private person.
(II) Act abetted need not tom be committed:
According to explanation 2 of section 108, to constitute the offence of abetment, it is not necessary that the act abetted should be committed or that the effect requisite to constitute the offence should be ca used.
‘A’ instigates ‘B’ to murder ‘c’. B refuses to do so ‘A’ is guilty abetting ‘B’ to commit murder.
(III) Capacity of person abetted:
According to explanation 3 of sec 108 the person abetted need not have any guilty intention in committing the act, nor should he be necessarily capable by law of committing an offence, thus a child or a lunatic who are supposed by law incapable to commit an offence may be abetted by another person who is capable law to commit an offence with guilty intention and the abettor is guilty. Whether the act is actually committed or not.
(Iv) Abetment of an abetment:
According to explanation 4 of sec. 108, when the abetment of an offence is an offence, the abetment of such abetment is also an offence.
‘A’ instigates ’B’ to instigate ‘C’ to murder Z. ‘B’ accordingly instigates ‘C’ to murder ‘Z’ and ‘C’ murder, ‘Z’ All are liable ‘C’ is for murder, ‘B’ for abetting murder and ‘A’ for abetting the abetment of murder.
7. Punishments of abetment:
(I) Where no punishment is provided for abetment u/sec 109:
If no express provision in the code for the punishment of a particular abetment is made and the act abetted is committed in consequence of the abetment. The abettor shall be awarded the same punishment prescribed for the offence and the abettor of an offence referred to in chapter XVI shall be liable to punishment of Tazir specified for such offence including death except in case of Ikrah –i- Tam.
(II) Where offence committed with different intention of abettor u/sec110:
Where offence is committed with different intention or knowledge from that of abettor, the punishment awarded to the abettor will be the same as provided for the offence of which he abetted, and will on other.
(IV) Act done is. Different from one abetted u/sec 111:
When an act is abetted and a different act is bone, the abettor is liable for the act done in the same manner and to the same extent as if he had directly abetted it. But it is necessary that the act done was a probable consequence of the abetment.
(Iv) Where different effect cause from act abetted u/sec 113:
Where the act done is the same as the act abetted but its effect than the abettor is liable for the effect caused provided he know that the act abetted was likely to cause that effect.
(v) Presence of abettor when offence is committed u/sec . 114:
If abettor is found present at the scene when offence was committed, he shall be punishable in the same manner as if he himself has committed the offence.
(V) Abetment of offence punishable with death or imprisonment for life, if offence not committed u/sec. 115:
If abetment is for not offence punishable with death or imprisonment for life and no express provision for its punishment is made, the abettor shall be punished as under.
(i) If offence is not committed. 7years and fin
(ii) If act done cause hurt to any person 14years and fine
(VI) Abetment of offence punishable with imprisonment if offence not committed u/sec 116:
If abetment is the for the offence punishable with imprisonment and no express provision for its punishment is made, the shall be punished as under.
(i) If offence is not committed Imprisonment of any description provided
For that offence for a term which may
Extend to one- fourth part of the longest
Term provided for that offence. Or with fine
Or with both
(ii) If abettor is public servant Imprisonment of any description for a term
Which may extend to one half of the longest
Term provided for that offence. Or with fine
Or with both
(VIII)Abetting commission of offence by the public or by more then 10 person u/sec117:
Whoever abets the commission of an offence by the public generally or by any number or class of person exceeding ten, shall be punished with imprisonment of either description for a term which may extend to 3 years or with fine or with both.
(IX)Concealment of design to commit offence:
Section 118 to 120 penalize the concealment of design to commit the offence in the following manner.
(i) Offence Punishable With Death or Imprisonment for Life u/sec 118:
If offence is punishable with death or imprisonment for life and the same is
A, Committed Imprisonment that may extend to 7 years and fine
B, Not committed Imprisonment that may extend to 3 years and fine
(ii) Offence committed by public servant u/sec 119:
If a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, the punishment shall be
(iii)Offence Punishable With Imprisonment U/sec 120:
- If offence is committed he shall be punished with imprisonment for a term which may extend to one half of the longest term provided for the offence or with fine or both and if it is punishable with death or imprisonment for life, the punishment may extend to 10 years.
- If offence is not committed, he shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for the offence or with fine or both.
If offence is punishable with imprisonment only and the offence is
a. Committed. Imprisonment that many extend to one fourth provide for the offence
With or without fine
b. Not committed Imprisonment that may extend to one eight of the longest term
Provided for the offence with or without fine.
To conclude, I can say, that abetment is a substantive offence. The offence of abetment is possible thought the offence abetted is not committed. It is a Crime apart or a distinct offence not a mere minor offence.
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