A SHORT NOTE ON ABETMENT

1) Abetment in literal sense means to urge,goad or instigate a person. Abetment is usually referred in a negative sense and usually connotes crime.

2) Section 107 of the Indian Penal Code states that abetment could be done through either of the following ways:

=> Instigation 107(1)

=> Conspiracy 107(2)
=> Intentionally aiding 107(3)

3) Abetment is placed under the category of Inchoate crimes.
4) The person who commits the crime is known as the principal offender or the perpetrator.

5) Discharge of the perpetrator does not discharge the criminal liability of the abettor.

6) The offence of abetment is complete as soon as the abettor instigated, aided, assisted the offender to commit the offence.

7) It is not mandatory that the offence of abetment be complete by an overt act.

8) Mere advice does not constitute the offence of abetment. The advice must have sufficiently supported or stimulated the offender.

9) Instigation could also be through letters. The offence of abetment is complete as soon as the letter comes to the knowledge of addressee.

10) If it does not reach the addressee then the abettor is considered to have attempted to abet.

11) Section 120 A of the Indian Penal code provisions the definition of conspiracy. Under section 120 A a mere agreement is enough for an offence however U/S 107 (2) a mere agreement and combination of people is not sufficient an illegal act or omission must take place.

12) In order to charge abetment by conspiracy the prosecution has to prove the following
=> That there were more than 2 person who have conspired
=> That they did an act/ omission in fulfillment of conspiracy.

13) Abetment by aiding could be facilitated in the following three ways :
=> Intentionally aiding
=> by illegal omission
=> by facilitating the commission of offence.

14) What is facilitating ?
Facilitation is providing facility for the commission of the intended offence, which is of atmost necessity for the commission of offence.

15) The explanation appended to section 108 are meant to eliminate any possibility of misrepresentation with respect to the offence of abetment.

16) Abetment of illegal omission is an offence(Explanation 1)

17) Abetted act need not be committed(Explanation 2)

18) Principal offender need not have the same guilty intention as the abettor(Explanation 3)

19) Abetment is an offence but abetment of an abetment is also an offence.(Explanation 4)

20) It is not necessary that the abettor concerts in the conspiracy it is sufficient if he engages in conspiracy(Explanation 5)

Maitreyi