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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:
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.”
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.
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: