Introduction:
Abetment (दुष्प्रेरण, बहकाना, उकसाना, बरगलाना) is a critical concept in criminal law, referring to the instigation, aiding, or encouraging the commission of a crime. These sections define various types of abetment, such as instigation, conspiracy, and aiding, and prescribe abetment punishment based on the severity of the crime committed. The Indian Penal Code (IPC) comprehensively covers abetment under Sections 107 to 120. Here is an overview of these sections:
Section 107: Abetment of a thing
This section defines abetment. A person abets the doing of a thing if he:
- Instigates (उकसाना/भड़काना) any person to do that thing.
- Engages with one or more other persons in a 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.
- Intentionally aids (जानबूझकर सहायता करना), by any act or illegal omission, the doing of that thing.
Section 108: Abettor
An abettor is a person who abets:
- The commission of an offence: Directly commits or conspires with others to commit the offence.
- Any act done by illegal omission: For example, if a person illegally omits to perform a duty which he is legally bound to perform, causing an offence.
Section 108A: Abetment in India of offences outside India
This section extends the definition of abetment to cover the scenario where a person abets an offence in India that is intended to be committed, or which has been committed, outside India.
Section 109: Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
This section provides that a person who abets an offence shall be punished with the same punishment as the offence if the act abetted is committed in consequence and there is no express provision in the IPC for the punishment of such abetment.
Section 110: Punishment of abetment if the person abetted does the act with a different intention from that of the abettor
If the abettor and the person abetted have different intentions, the abettor is still punishable for the act abetted. The punishment will be the same as if the act had been committed with the abettor's intention.
Section 111: Liability of abettor when one act abetted and different act done
If an act is abetted and a different act is done, the abettor is liable for the different act done if it is a probable consequence of the abetment.
Section 112: Abettor when liable to cumulative punishment for act abetted and for act done
If the act for which the abettor is liable in consequence of the abetment, and the act abetted, are both offences, the abettor is punishable for each of them.
Section 113: Liability of abettor for an offence caused by the act abetted different from that intended by the abettor
When the abetment of an act causes the commission of a different offence, the abettor is liable for the offence committed if it was a likely consequence of the abetment.
Section 114: Abettor present when the offence is committed
If the abettor is present when the offence is committed, he is liable as a principal offender.
Section 115: Abetment of offence punishable with death or imprisonment for life—if the offence not committed
If a person abets the commission of an offence punishable with death or imprisonment for life but the offence is not committed, the abettor is punishable with imprisonment up to seven years and a fine.
Section 116: Abetment of offence punishable with imprisonment—if the offence is not committed
If a person abets the commission of an offence punishable with imprisonment but the offence is not committed, the abettor is punishable with up to one-fourth (one-half in revised) of the maximum term of imprisonment for the offence abetted, or with the maximum term provided for abetment of the offence, whichever is less.
Section 117: Abetting commission of an offence by the public or by more than ten persons
A person who abets the commission of an offence by the public generally or by any number of persons exceeding ten is punishable with imprisonment up to three years, or with a fine, or both.
Section 118: Concealing design to commit an offence punishable with death or imprisonment for life
This section deals with the concealment (छिपाना) of a design to commit an offence punishable with death or imprisonment for life. If a person voluntarily conceals such a design, knowing or having reason to believe that the offence is about to be committed, he is punishable with imprisonment up to seven years, or with a fine, or both.
Section 119: Public servant concealing design to commit an offence which it is his duty to prevent
If a public servant, whose duty it is to prevent the commission of such an offence, voluntarily conceals the design to commit an offence punishable with death, imprisonment for life, or imprisonment up to ten years, he is punishable with imprisonment for up to ten years, or with a fine, or both.
Section 120: Concealing design to commit an offence punishable with imprisonment
This section addresses the concealment of a design to commit an offence punishable with imprisonment. If a person voluntarily conceals such a design, knowing or having reason to believe that the offence is about to be committed, he is punishable with one-fourth of the longest term of imprisonment provided for the offence, or with a fine, or both.
Section 120A: Definition of criminal conspiracy
This section defines criminal conspiracy. When two or more persons agree to do, or cause to be done, an illegal act, or an act that is not illegal by illegal means, such an agreement is designated as a criminal conspiracy. No act besides the agreement is necessary to constitute the offence of criminal conspiracy.
Section 120B: Punishment of criminal conspiracy
This section prescribes punishment for criminal conspiracy. The punishment for conspiracy to commit an offence is the same as the punishment for the offence itself, if the conspiracy is to commit an offence punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or more. If the conspiracy is to commit any other offence, the punishment is up to six months, or a fine, or both.
Conclusion:
These sections provide a detailed legal framework for dealing with abetment and conspiracy, emphasizing the importance of intention, knowledge, and the relationship between the abettor and the principal offence.
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