Abetment of Crime Explained

Abetment of crime is a critical concept in Indian criminal law that plays a significant role in determining the liability of individuals involved in a criminal act. It is essential to understand the nuances of abetment, its legal framework, and the implications it has for those who are found to have abetted a crime. This article aims to provide a comprehensive overview of the abetment of crime under Indian law, including its definition, types, elements, and relevant legal provisions.

Understanding Abetment

Abetment is defined under Section 107 of the Indian Penal Code (IPC), 1860. It refers to the act of instigating, aiding, or facilitating the commission of a crime by another person. The law recognizes that not all individuals who commit a crime do so independently; often, they are supported or encouraged by others. Thus, the law seeks to hold these individuals accountable for their role in the crime.

Legal Provisions Governing Abetment

The primary legal provisions governing abetment in India are found in the IPC, specifically in Sections 107 to 120. Below is a detailed examination of these sections:

Section 107: Abetment of a Thing

Section 107 defines abetment and states that a person abets the doing of a thing when they:

• Instigate any person to do that thing;
• Engage in a conspiracy to commit that thing;
• Aid any person in doing that thing.

This section emphasizes that the act of abetment can occur in various forms, including instigation, conspiracy, and assistance.

Section 108: Abettor

According to Section 108, an abettor is one who abets an offense. The section further explains the distinction between an abettor and the principal offender, noting that both can be held liable for the crime committed.

Section 109: Punishment of Abetment

Section 109 provides the punishment for abetment. If the act abetted is committed in consequence of the abetment, the abettor shall be punished with the same punishment as the principal offender. If the act is not committed, the abettor can still face punishment, which may vary depending on the nature of the abetment.

Section 110: Abetment of Offenses Punishable with Death or Imprisonment for Life

This section stipulates that if the act abetted is punishable by death or life imprisonment, the abettor shall be punished with imprisonment for a term not exceeding seven years, or with a fine, or both.

Section 111: Liability of Abettor for the Act of the Principal Offender

Section 111 clarifies that if the act committed by the principal offender is different from what was abetted, the abettor may still be liable for the act committed if it is of the same nature as the act abetted.

Section 120: Punishment of Criminal Conspiracy

Section 120 deals with criminal conspiracy, which can also be a form of abetment. It states that when two or more persons agree to do an illegal act, they are guilty of conspiracy, and each conspirator is liable for the acts committed in furtherance of the conspiracy.

Elements of Abetment

To establish the offense of abetment, certain elements must be proven:

• Intent: The abettor must have the intention to facilitate the commission of the crime.
• Act of Abetment: There must be a clear act of instigation, conspiracy, or assistance.
• Principal Offense: A crime must have been committed by the principal offender as a result of the abetment.

Types of Abetment

Abetment can be categorized into different types based on the nature of involvement:

• Instigation: Encouraging or urging someone to commit a crime.
• Aiding: Providing support or resources to facilitate the commission of a crime.
• Conspiracy: Agreeing with others to commit a crime.

Judicial Interpretation of Abetment

The Indian judiciary has played a pivotal role in interpreting the provisions related to abetment. Various landmark judgments have clarified the scope and application of abetment in different contexts. For instance, in the case of State of Maharashtra v. Jagmohan Singh Kuldip Singh, the Supreme Court emphasized that mere knowledge of a crime is not sufficient for abetment; there must be an active role in instigating or aiding the crime.

Defenses Against Abetment

While abetment can lead to serious legal consequences, certain defenses can be raised against charges of abetment:

• Lack of Intent: It can be argued that the accused did not intend to abet the crime.
• Absence of the Principal Offense: If the principal offense was not committed, the abettor cannot be held liable.
• Withdrawal: If the abettor withdrew from the conspiracy or assistance before the crime was committed, liability may be negated.

Conclusion

Abetment of crime is a complex and multifaceted area of Indian criminal law. Understanding the legal framework, elements, and implications of abetment is crucial for both legal practitioners and the general public. As society evolves, the interpretation and application of abetment laws will continue to develop, necessitating ongoing examination and understanding.

FAQs

1. What is abetment of crime?

Abetment of crime refers to the act of instigating, aiding, or facilitating the commission of a crime by another person.

2. What are the key sections of the IPC related to abetment?

The key sections related to abetment in the IPC are Sections 107, 108, 109, 110, 111, and 120.

3. Can a person be punished for abetment even if the principal offense is not committed?

Yes, a person can be punished for abetment even if the principal offense is not committed, depending on the circumstances and nature of the abetment.

4. What is the difference between instigation and aiding?

Instigation involves encouraging someone to commit a crime, while aiding refers to providing support or assistance to facilitate the crime.

5. How does the law differentiate between an abettor and a principal offender?

An abettor is someone who assists or encourages the commission of a crime, while the principal offender is the individual who directly commits the crime.

6. What are the punishments for abetment under Indian law?

The punishment for abetment can vary depending on the nature of the act abetted and may include imprisonment, fines, or both.

7. Can a person withdraw from a conspiracy and avoid liability for abetment?

If an abettor withdraws from the conspiracy or assistance before the crime is committed, they may avoid liability for abetment.

8. Is mere knowledge of a crime sufficient for abetment?

No, mere knowledge of a crime is not sufficient for abetment; there must be an active role in instigating or aiding the crime.

9. What role does the judiciary play in interpreting abetment laws?

The judiciary interprets abetment laws through judgments that clarify the scope and application of the law in various contexts.

10. How can legal practitioners defend against charges of abetment?

Legal practitioners can defend against charges of abetment by demonstrating a lack of intent, absence of the principal offense, or withdrawal from the act before the crime was committed.