“PUNISHING ABETMENT OF AN OFFENCE”

A research proposal submitted in partial fulfillment of the course Criminal Law-I

for obtaining the degree of B.B.A L.L.B. (Hons.) during the academic session

2019-20.

Submitted by:

Aridaman Raghuvanshi

Roll No. 2013

Submitted to:

Dr. Fr. Peter Ladis Francis

Assistant Professor of Law

Chanakya National law University

August, 2019

Chanakya National Law University, Nyaya Nagar Mithapur, Patna - 800001

 INTRODUCTION

In criminal law, there are four stages to the commission of any crime

a) Formation of mental element or mens rea.

b) Preparation for the commission of the crime
c) Acting on the basis of such preparations
d) Commission of the act resulting in an event proscribed by law.

Different legal systems choose to punish an individual at different stages of the commission of
the crime. Such a choice will be made depending upon the emphasis given by the legal system to
prevent and discourage crimes. There are sometimes when the individual incites another to
commit a crime for him, thus absolving him of any actus reus and thereby any responsibility for
the crime. Through the offence of incitement and abetment, the legal system takes a strong stand
against any wrongful act of an individual that leads to the commission of a crime. Such inchoate
crimes therefore help reduce the number of crimes that are committed in the society.

An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of

preparing for or seeking to commit another crime. Inchoate crimes in the beginning had only one
crime under its head, that being the offence of attempt. However, gradually there arose to be
many further additions to the number of inchoate offences. The offences of abetment, conspiracy
and incitement have joint attempt under this head.

The offence of abetment is committed when a person does not commit the crime he wishes to
commit, by himself, but urges or persuades another to commit the act. In order for the act
committed to be abetment, one must merely provide support, command or order another to
commit the act and must not be the one to commit it himself. Laws relating to the definition of
the crime, punishment duration and other particulars are mentioned from Section 107-120 in
Chapter V of the Indian Penal Code.

OBJECTIVES OF THE STUDY

 The researcher’s prime aim is to explain abetment as defined under IPC, 1860.
 The researcher aims to descriptively provide a critical overview of the types of
punishment as discussed under IPC, 1860.
 The researcher’s main goal is to discuss the kind of punishment awarded for abetment
and its jurisprudence.
 HYPOTHESIS
 The quantum of punishment given to abettor for the abetment of an offence should not be
at par with the principal offender.


RESEARCH QUESTIONS
 What is Abetment of an offence as given in Indian Penal Code, 1860?

RESEARCH METHODOLOGY
The researcher has adopted for the doctrinal form of research methodology using the published
articles, journals, books and previous research works.

SOURCES OF DATA
PRIMARY: Articles

SECONDARY: Books and websites

LIMITATION OF THE STUDY

The researcher has monetary and time limitation in completing the project.

SCOPE OF THE STUDY

The research will help me to understand what actually leads to abetment and is it an offence
under Indian Penal Code. Further, it will help me to analyze different cases where abetment and
its ingredients has been redefined.

TENTATIVE CHAPTERISATION
1. Introduction
2. Historical background of Inchoate Offence
3. Abetment as defined under section 107 and 108 of IPC,1860
4. Punishment for abetment
5. Conclusion and suggestion
6. Bibliography