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Abettor: S.

108
Section 108 specifically deals with abetment of an ‘offence’ unlike Section 107 which
dealt with abetment of a ‘thing’. The section lays down the definition of an abettor as
being a person who abets:

 The commission of an offence


 Commission of an act which if committed by such a person would be an
offence under the law
It is important to note that this Section will not find its application for cases where the
thing abetted is not an offence. Another important point with reference to Section 108
is that it does not contemplate that the person abetted shall be capable under the law to
commit an offence or that such person must possess the same guilty intention as that
of the abettor.

Explanation 1: Abetment of illegal omission is an offence


When a private person instigates a public servant to leave a crime scene and the
public servant leaves a duty which he was bound to do. Here the public servant has
committed an illegal omission and the public servant has abetted the illegal omission,
despite the fact that the person was not bound to serve that duty.

Explanation 2: Abetted Act Need not be Committed


The offence abetment is completed with instigation and does require the effect
expected as a result of it to follow. Also despite the fact that the other person who was
being abetted has not committed the act or has refused to do it.

Explanation 3: Person Abetted Need not be Capable of Committing an Offence


This section does not contemplate that the person abetted shall be capable under the
law to commit an offence or that such person much possess the same guilty intention
as that of the abettor. For example – an injury could be caused by using an innocent
agent such as a child or a lunatic and so the abettor will not be absolved of his guilt
who uses such tools for perpetrating an offence.

Explanation 4: Abetment of an Abetment is an offence


Abetment of an abetment is an offence in case the principle or the substantive offence
is an offence. However, it is not necessary that the offence should be committed.
Explanation 5: Abettor need not Concert in the Abetment by Conspiracy
The conspiracies are not required to have complete knowledge or awareness of the
details of the scheme to constitute their liability under this Section. Although Section
108A which was inserted by an amendment to IPC in the year 1898 provided that if
an act has been abetted outside India, it will still be punishable if committed inside
India.

IV. Punishment for Abetment: S. 110-114


Section 109 lays down the provision of such acts of abetments wherein a person
having being abetted has committed such offence pursuant to the abetment and there
is no specific provision related to the abetment of such an offence in IPC. In such
cases, the punishment will be equivalent to the punishment as is provided for such
offence which has been abetted.
The extent of liability of an abettor is dependent upon four factors:

 What act he had abetted


 With what intention
 Act which was committed
 With what intention it was committed
Section 110 comes into play when the act which has been committed with an intention
different from the intention of the abettor abetting the commission of such act.
However, when an entirely different act is committed Section 111 is to be applied.
Section 113 will come into play when the effect produced by the commission of the
act which was abetted by the abettor is different from what he had intended to
produce. A charge under Section 114 will lie when abettor is actually present during
the commission of the offence which he has abetted to take place.

It is worthwhile to note here the distinction among sections 34, 109 and 120B. In the
case of Noor Mohammad Yusuf Momin v State of Maharashtra, the Apex court has
elaborated the difference which has been provided hereunder:
“So far as Section 34, Indian Penal Code, is concerned, it embodies the principle of
joint liability in the doing of a criminal act, the essence of that liability being the
existence of a common intention. Participation in the commission of the offence in
furtherance of the common intention invites its application.
Section 109, on the other hand, may be attached even if the abettor is not present
when the offence abetted is committed, provided that he has instigated the
commission of the offence or engaged with one or more persons in a conspiracy to
commit an offence and pursuant to that conspiracy some act or illegal omission takes
place.
Criminal conspiracy postulates an agreement between two or more persons to do, or
cause to be done an illegal act or an act which is not illegal by illegal means. It
differs from other offences in that mere agreement is made an offence even if no step
is taken to carry out that agreement.”

Quantum of Punishment when offence abetted is punishable with death or


imprisonment: S.115 -116
Abetment of offences which are punishable with either death or life imprisonment are
covered under the purview of Section 115 subject to such acts having abetted must not
have taken place. As a consequence of the instigation if no offence is committed, then
the instigator is convicted and charged with imprisonment for seven years, however,
in case hurt is caused as a result of the abetment then the abettor is punished with
fourteen years of imprisonment.

Section 116 covers such cases wherein the abetment of offence is with respect to the
offence which is punishable with imprisonment and the offence is not committed. In
such cases, the abettor is guilty of imprisonment for one-fourth of the maximum term
of imprisonment provided for that offence or fine, or both.

Concealing Designs or Plans to commit offences: S.118-120


Sections 118, 119 and 120 deal with abetment by way of concealing the design of
commission of crimes. The element of crime in such cases lies in the act of
concealment, despite having knowledge of the plans of the commission of the offence
and thereby facilitating and enabling the commission of such offence. Two
ingredients are required to be established to constitute conviction under these
provisions:

 Existence of a criminal design on the part of persons who intend to commit the
crime
 Concealment of such design by others
There must be an active intent to conceal the design and possession of knowledge that
such non-disclosure will assist in perpetrating the offence. These provisions basically
envisage three things:

 Concealment by an act or illegal omission and this must be voluntary


 Making a false representation knowingly with regards to the design or plan to
commit an offence.

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