ABETMENT:AN INCHOATE OFFENCE
Submitted by:
Radhika Prasad, B.A. L.L.B.(Hons.)
Roll no. – 2139
2019-2024
Submitted to:
Miss. Preety Anand
Assistant Professor of Law
September, 2020
Chanakya National Law University, Patna
ABSTRACT
Section 107 to 120 of the Indian Penal Code,1860 talks about Abetment . As referred in Sec.
107 , a person abets the doing of a thing if he instigates any person to do that thing, any act or
illegal omission takes place in conspiracy with one or more persons while doing of that thing
or intentionally aids the doing of that thing. However , the most important element for
Abetment to take place is Mens Rea that refers to a guilty mind . It is a precondition for
liability. Abetment can be done in several ways and their are many that we get to see in our
society and that often lead to punishment and penalties. Their are different factors that
measure the criminality of the Abettor according to the situation and prove his liability and
accordingly award punishments and penalties. Thus, in criminal law we see that their is a
huge distinction between the person abetting the commission of an offence and the
perpetrator of the offence or principal offender.
INTRODUCTION
Under the Penal Code a person becomes liable as an abettor if he instigates another to commit
a crime, or engages in a conspiracy with another to commit a crime and some act is done in
furtherance of such conspiracy or if he intentionally aids another in order to facilitate the
commission of a crime. The term 'abet' in general usage means to assist, advance, aid,
conduce, help and promote. The word 'abet' has been defined as meaning to aid; to assist or to
give aid; to command, to procure, or to counsel; to countenance; to encourage; induce, or
assist, to encourage or to set another one to commit 1. Mens Rea is the pre- condition for
liability in abetment.
Abetment as mentioned can be done in various ways. Abetment by instigation is one such
type which provokes or encourages another person to do something prohibited by law.
Instigation by abetment has been generally seen in Dowry Death cases. Abetment by
conspiracy is another such thing. Abetment by intentional aiding is also one of the types. In
this abetment by intentional aiding , we see that their is abetment by illegal omission and that
facilitates the commission of a crime. Section 108 happens to be a very important section
which makes certain things very clear and explains various cases where effect of abetment is
immaterial , where person abetted in not capable of committing any offence and where the
abettor need not concert in abetment by conspiracy etc. Sec 109 to 120 deals with various
1
Kartar Singh v. State of Punjab, AIR 1994 Cri LJ 3139
provisions of abetment like punishments, liabilities, liabilities in cumulative punishments ,
abetting by public or more than ten persons, public servant concealing design to commit
offence and many more. Here we can see that the advisor or the person who sowed the seeds
of such a crime in the perpetrator’s head is also equally responsible for the crime since had he
not been there chances are that the particular offence would never have been committed,
hence the abettor here should definitely be punished. This is a just and fair law enhancing the
principles of natural justice in the judicial system.
AIMS AND OBJECTIVES
1)The researcher wants to enlist the provisions of IPC which deals with abetment and analyze
it.
2) The researcher also wants to bring out exceptions if any and also suggest necessary reform
proposals .
HYPOTHESIS
The researcher believes that abetment is an inchoate offence. The researcher believes that
major crimes that happen in our society today, in most of those cases somewhere or the other
abetment is involved that is not able to come forth. The researcher also believes that despite
of abetment being present their in a particular case, it is very difficult to prove it as proving
means Mens Rea is not so easy. The researcher also believes that their are innumerable ways
by which an offence can abetted and the person can be held liable for the same.
RESEARCH QUESTIONS
1) Is Abetment really an inchoate offence?
2) What are the factors constituting abetment and in what ways abetment can be done?
3) Are the present punishments and penalties enough for mitigating abetment in ?
RESEARCH METHODOLOGY
The researcher will do doctrinal method of research in this project in which it will she will go
through primary as well as secondary sources.
SOURCES OF DATA COLLECTION
Primary Source:
Indian Penal Code, 1860
Secondary Source:
Magazine, Journals , Books
LIMITATION OF STUDY
Since the researcher is a student of law, she has access to a limited area. The researcher has
limited time. The researcher also do not have access to the library at present times.
CHAPTERIZATION
1) INTRODUCTION-This chapter will contain a brief description about the sections
contained in the Indian penal code relating to abetment and will also explain the
meaning of abetment and its significance in criminal law. It will deal with abetment as
an inchoate offence.
2) ABETMENT AND ITS INGREDIENTS- This chapter will deal with various
ingredients of Abetment which are very necessary for its further explanation and
understanding.
2.1 – Parties to a crime
2.2 – Law relating to abetment
2.3 –Abetment and Abettor
2.4- Principle and scope of the provision
2.5- Mens Rea
3) TYPES OF ABETMENT- This chapter will deal with the various ways in which
abetment can be seen to have taken place .
3.1-Abetment by Instigation
3.1.1 – Instigation in Dowry Death cases
3.2- Abetment by Conspiracy
3.3- Abetment by Intentional Aiding
3.3.1- Abetment by Illegal Omission
3.3.2- Facilitating the commission of a crime
4)ILLUSTRATIVE CASES- This chapter will basically deal with the various situations
or cases relating to Abetment so as to what will happen when a particular thing takes
place.
4.1- When a principle offender is acquitted in a case involving charge of abetting by
aiding.
4.2- Effect of acquittal of person committing the offence on abettor
4.3- When Substantive offence is not established
5)SCOPE AND INGREDIENTS OF SECTION 108-- Section 108 of IPC is very
important. It states several clauses which increase the ambit of abetment.
5.1- Abetment of Illegal Omission is an offence
5.2- Abetment Act need not be committed; Effect of abetment is immaterial
5.3- Person abetted need not be capable of committing an offence.
5.4- Abetment of an abetment is an offence
5.5- Abettor need not concert in Abetment by conspiracy
6) BRIEF OVERVIEW OF SECTIONS 109 TO 120- This chapter will deal with
sections 109 to 120 of IPC and bring out the important facts stated by these sections and
will also compare some of the required sections.
7) LIABILITIES , PUNISHMENTS AND PENALTIES- This chapter will deal with the
factors determining the criminality of the abettor and deal with his liabilities . It will also
deal with the Quantum of punishment that is given in different cases and will also deal
with the penalties provided especially in section 118,119,120 of IPC.
8) CONCLUSIONS AND SUGGESTIONS -As we can see this particular
chapter of IPC, deals with and provides for people who are not directly involved in
commission of a crime but are very much responsible for its occurrence. A person when
angry/scared/nervous is in an unstable state of mind and cannot think clearly. This is a
crucial time for that person and any sort of advise or help or a ‘remedy’ that is given to
him during that period would be immediately implemented by him without thinking of
its’ consequences. Here the advisor or the person who sowed the seeds of such a crime in
the perpetrator’s head is also equally responsible for the crime since had he not been
there chances are that the particular offence would never have been committed, hence the
abettor here should definitely be punished. This is a just and fair law enhancing the
principles of natural justice in the judicial system. This chapter advocates successful
implementation of the act.
BIBLIOGRAPHY
Primary Source-
Indian Penal Code,1860
Newspaper Articles
Judgements
Secondary Source-
P.S.A Pillai’s Criminal Law, 14th Edition,Lexis Nexis Publications
Ratanlal and Dhirajlal, Indian Penal Code, Student Edition, First edition, Lexis Nexis
Publications
Essays on the Indian Penal Code, ILI, Universal Law Publising House, revised by prof.
K. N. Chandrasekharan Pillai
