IPC 108 – Abettor

Indian Penal Code IPC 108 Section PDF

IPC 108 – Abettor

Indian Penal Code IPC 108 Section

A person abets an offence, who abets either the commission of an offence, or the commission of an act which would 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.

Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2.—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 caused.

Illustrations

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Illustrations

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.

(c) A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence.

(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration

A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

108A

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 2 [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.

 

THE INDIAN PENAL CODE Section 108, IPC 108 PDF Download

 

IPC PDF, Indian Penal Code All Section List

IPC 511

Indian Penal Code IPC 511 PDF CHAPTER 23 OF ATTEMPTS TO COMMIT OFFENCES IPC 511 - Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. Whoever attempts to commit an offence punishable by this Code with [imprisonment for life] or imprisonment, or to cause such ...

IPC 510

Indian Penal Code IPC 510 PDF IPC 510 - Misconduct in public by a drunken person Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to ...

IPC 509 Word, gesture or act intended to insult the modesty of a woman

Indian Penal Code IPC 509 PDF IPC 509 - Word, gesture or act intended to insult the modesty of a woman Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be ...

IPC 508

Indian Penal Code IPC 508 PDF IPC 508 - Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to ...

IPC 507

Indian Penal Code IPC 507 PDF IPC 507 - Criminal intimidation by an anonymous communication Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of ...

IPC 505

Indian Penal Code IPC 505 PDF IPC 505 - Statements conducing to public mischief (1) Whoever makes, publishes or circulates any statement, rumour or report,— (a) with intent to cause, or which is likely to cause, any officer, soldier, 3 [sailor or airman] in the Army, 4 [Navy or Air ...

Leave a Reply

Scroll to Top