Chapter V OF ABETMENT 107. Abetment of @ thing—A person abels the doing of a thing, who— First— Instigates any person to do that thing; oF Excondly— 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: Thirdly— Intentionally aids, by any aet or i egal omission, the doing of that hing. Eyplanation 1.—A person who, by wilful misrepresentation, or by wilful concealment ofa miterial fact whieh he is bound to disclose, voluntarily causes or procures; or attempts ofa esp or procure, @ thing to be done, is said to instigate the doing of that thing. Mlustration ‘A,a public officer, is authorized by a warrant from a Court of Justice to apprehend Z; pb, keowing that fact and also that C is not Z, wilfully represents to A that C is Z, and Pee intentionally causes A to apprehend C. Flere B abets by instigation the apprehension of C. ‘Txplanation 2.—Whoever, either prior to or at the time of the commission of an act does auything in order to facilitate the commission of that act, and thereby facilitate the cotemiscion thereof, is said to aid the doing of that act. Comments (1) Principle and scope of abetment.—A crime may be committed by a single person, or two or more persons. When several persons are associated with the Pemmission of a crime the degree of culpability of each will depend on the mode of his participation in the crime, for the law recognises gradations of guilt based on the variety of ways in which a person might be associated in the act of 2 crime. Liability under this chapter for abetment is based on the principle that many crimes would be impossible but for the support and encouragement received from others who, though not actively cooperating in the crime, still prepare the ground and Ralitate i commussion. Ag such the Code penalises all those who may have lent their support and assistance in one form or the other to the commission of a crime, (@) Hindu law.—According to Hindu textual criminal law, when a crime, say murder, ie commitied, besides the actual murderer, i.e., the one who with his own tand gives the fatal blow, several others might also be liable to punishment 98 accessories (helpers). For example, the following, persons could be liable to half the Punishment prescribed for an offence committed, viz. ()) The arambhakrta, [sresrq@] : He who commences or sets the ball rolling: Q) Doshbhaka, [aeva] : Participator; (@) Asraya, [sv]: ~~: He who harbours or gives shelter to the assassin; (4) Sahaya, [sera] He who aids; (3) Marganudesaka, [args] : He who points the way; and (6) Anumodaka. [sce] : He who supports. > 1. Gour, Hari Singh, The Penal Law of India, 11th Edn., (2000), Vol. l, pp. 96° #0 94. 277acing timo \cmurder of Taraja Wi QB person by any act or illegal omission to commit af doing ihich would prevent the “ote eae aaa OY "eer aces nw ang 68 dant knew in 3 uch that the defendant haga ‘ci drove to a park to sel] erates a confer about. A buyer climbed inp g | tan fom the ct: One oF en | 1 Rosemond oF his confederate reat 35 thy dat ing o eatying' a we 8 USC. aoe y, Beans and not Know their cohort is us tie Gre aftemed 15 sing par 1) However thelaw des proof that Rosen! | i know tetending tothe ontie cr un would teased or cried was required; and thi oth ing commit the afc e "2 Ae dasening in parting 8 oral given both by an act of commission aswell as by an aco nee if apace efcer knowing that crn persons fom the IPC states that a person sets b etme ofthe comission ofan act ne the commission theeot. Fr example, 3 pri nd gps pigamous marrage was held fo have intetonally sided inthe va marriage prohibited by law fetween conspiracy in section 107, clause (2) and section 120A, Man offence under clause 2) t0 section 107, 1PC—abetment or illegal omission must take place in pursuance of the rey) an act rereas under section 120A, IPC, a mere agreement is enough if 4L—The abetment of the illegal omission of an act may amount to an the abettor may not himself Be bound to doth Mlastrations instigates B to murder C.B refuses todo so, ld be capable by law ‘ntenton or knowledge person capable by lw of innton se Hete whether he a be om ited urd and Be 1 agus Kana Nath v. Sate of Asam, AIR 1959 SC 67: 1959 Supp 2) SC i Tr aeconemmmcas 7abetted need not be capable of comm! erson abetted C to murder Z, fe to be punished for 1A instigated B to comt for need not concert in abetment by consp! ‘conspiracy that the abettor should plan the tion to Explanation 5) J, tan of Crimes, 24% Ban and Dhil285, required, namely act abetted must have been comm of abetiment ed in consequ de for the punishment ince for the purpose of ed, In other W achieved sd in consequence of sbtaey, | fo be comm ‘rin pursuance ofthe consi, le for the act abetted in the say abetted does the act with a dilfere fe person abetted is imma ‘A, intending to cause a thet to bi ‘out of 2s possession. A in ‘of Z's posses consequence of the instigation, conn * is liable to the same punishments tht offence, andi 1 comire 0puison Z an rer Ba he may admit ison 0 Zin 4 7 i abting that offence by conspiracy, rable consequence ofthe abetment, and was Provigo—Provided the act done was a pr ion, oF with the aid of pursuance of the f influence of the fast ie constituted the abetment. ts ihe food of Y. fire to the house and at the same time the burning of the hou fet act, and. not 2 probab oe Deng ves “consequer inhabited house at midnight forthe purpose of purpose. B and C break into the house, and rude 2 Her, if that musder was the probable jided for murder. Provides them with ted by Z, one of the ‘of the abetment, A is Liable tothe punishment pi end Penden Ae of 195) sc. 3,e That & © can ressonably Be the food of Z, and gives him poison fr etigation by mistake puts the posoa id was acting unde Soe in the same manner and t0 the poison in the food of Mrsguence of that purpose The Ir food of Y, who is the inasnce of 4's consequence ugh had ist act which a reasonable ma unexpected consequence of an han act, such consequence pected 10 foresee would follow from such WSGal sea probible one. As such the abeltor would not be bible siento such enpobable acs For instance if A instigates B to bum 7s house and atthe same time commit theft of Pr} , house, he is not guily finct act and not a probe lent for act abetted ar Tast preceding section i Gtfence, the abettor is B sss by force a sy oe disess made by a public servant, in conte the estas B voluntarily causes grievous MO ommited bath the offence of resist eto punishment ‘voluntarily to eause griev0t Punishment foreach of the offences AR 962 MIP of Comments ‘pte to cumulative punishenent, Sect pais "F cnder fear of death The the probable consequence of the lative punish Yor abetment of murder, but only ted a the probable inthe particular situation ferent fom that intended Sbattor of mo casi 2S cae that effec consequence ofthe instigation, causes ‘Knew thatthe grievous hurt abetted “Ainstigates B to cause grievous hurt [0 hed with the punsshaent provided for pet 2 ent conequene, Het eva it cauae death, As Hable to Be P rurdes Comments Liability of abettor for a different act caused —Setion 113 to amNY Section 113 extends the lability of an abettor © 9 to sectfone causes a different effect from that intended by {he afte abetior would be Hable for the effect caused, in the Geathe extent as if he had abetted the act with the it provided he knew that the act was likely to cause Press cation, causes grievous hurt to 2, who dis, Here Hite fevous hurt abetted was likely to cause 2's death, Sbetment to murder. TM, Abetior present woken offence ts comitted—Whens ‘would be Hable to be punished as an abettor, is present the would be punishable in consequence ofthe abetmet to have comitled such actor offence. Comments offence is committed.—Secton 114 says that if a7 ‘commited “he shall be any person who is absent wine at or offence fr which ned, he stall be deemed Liability of abettor when abetior is present atthe time when the offence abetted ‘ema of Hunt committed such offence In such cses an bets the same punishment as that accorded to a principal offender ‘The actual presence, coved ea ees abement amounts to the commission of the olen som cat 72 Camo Sigh np, NR nih ot sr. C7)? WR 1 Wa Emp '. Galuck Chand, (1866) 5 WR aa Adi Redd v late of Hydra AIR 1986 86177 1986 Crtcrime of abetment has g ofthe crime ofa al be dere he ie, and he must pa ssaction Gy nae Ot rng te cine the he commision of the crime is established by yy ie crjenl presence plus prior abetmer +e meaning of the section is that, if ee sev and fine, and if ‘imprisonment and fine. For insta ies may arise. a for warsporation fore” (wed may extend to 7 years and also to Bing f hurt is caused to Z in pursuance of the abetment ‘ent for a term which may extend to 14 years an panna offence for 3 term whi that offence; such fine as is provided for that, servant whose du a publ mn a fancions. B refuses 10 3 Pisment in the cae ofa private person and fr Benes! of «cine Tre section imposes greater responsibilty in the case of public servants whose dat isto prevent crime, as compared to ordinary individuals, For inslance, when a poke constable instead ‘ formato, tnd bet gang of da ‘dividual in'a sila station. Accordingly, te section pro sheer happens tobe pavate individual, Ne would bel ‘npsonment prescribed for te the abeis section prescribes punishment t offence punishable with death or ed in pursuance of concealme ent of either dest jon or any other re oF MIKES ANY iy conceals by any actor om the exsten be punished with Ide forthe offence, for tem which may extend "samen of with such fine a5 is provided for the offence be punishable with death or lesription for team which may ld, shall be punished. for a term which may uch fine as ‘ditection, and re Tne dl the conaiment another Thess valves participation Here A has by an ‘one person of the existence of 2 ci to punishment accor tions (118 to 120) deal with the conc Srecerserer TES See eon wc 3 7 which might ‘an offence. ny ate on 1956) once Sebsy ac 1 of 20, » SAS by Ae 2 o He eansporaion fr hie” (we292 Indian Penal Code S Comments Weg Ng ign lo commit offences—so, on of section 118, IPC and’ applicable to public co Secti 9 Tvants. The |S the prescribes enhanced penalty to public servants whos The seathe the commi i duty as such on of crime and the offence is committed by him. For otticer, whose job is to protect the commission of an offence this section for the offence. This section is based on the princi Public servant concealing des adapta eal Ndr that, ‘if the law protectors themselves break the law, they should bess! Rowe severely thaw others’, Howevee, a public servant would be jee nn punishment only if he conceals a design to commit an offence white he 42, More an obligation to prevent. 48 under We sestion makes a distinetion between cases when an offence is ep anal ashen the offence is not committed, for the purposes of pars ment. wet the ‘offence abetted is committed and the offence is punishable Wh 0 with death '¢ cupesonment for life, the punishment may extend to ten years, ithe in othe SAS fo pnechalf of the longest term of such imprisonment, or with we fine ast Provided for that offence, or with both. a But when the offence is not committed, the accused is liable Part of the longest term of imprisonment, or with such fine offence, or with both, 120. Concealing design to commit offence punishable with imprisonment —Whoeve, tending to facilitate or knowing it to be ikely that he will thereby facilitate the commission of an offence punishable with imprisonment, vaeantatily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, If offence be committed—if offence be not committed —shall, if the offence be committe, be punished with imprisonment of the description provided for the offence, fer » tog [hich may extend to one-fourth, and, if the offence be not committed, to one-eighth af the longest term of such imprisonment, or with such fine as is provided for the oifence, vith both. i to one-fourth as is provided for the Comments Concealing design to commit offences punishable with imprisonment.—Section 120 is complementary to section 118. While section 118 prescribes punishment in the case of abetment by concealment of offence punishable with death or imprisonment for the life, section 120 applies to offences punishable with imprisonment only. fal offences punishable with fine only, being considered too trivial, have been excl from the purview of sections 118 to 120 of the Code. of According to section 120, when an offence is committed in pursuance a abetment, the’ accused may be punished with one-fourth of the longest tem imprisonment, and if not committed, to one-eighth of the punishment prest! for that offence. ee Section 8 of the English Accessories and Abettors Act, 1861 as ane ‘aw. Criminal Law Act, 1977 fixes criminal liability on accomplices under Englis ° section reads: i a Be oe Whacee: stall alin ebectomeiat procure the commission of : indictable offence whether the same be an offence at common Ia" on dicated virtue of any act passed or to be passed, shall be liable to be tried, indi and punished as a principal offender.) wo. tof is Reference ( and Hogan, Criminal Law, 5th Edn., (1983) 118; Attomney-General’s Reference am — ars) 3PM ER 654; Lynch v. D.PP. ‘for Northern’ Ireland, (1975) 1 All ER 913: — |