IPC Section 104
IPC Section 104: Abettor Present When Offence is Committed
Text of Section 104 (paraphrased for clarity):
"When an act is abetted, and the abettor is present at the time of the commission of the act, the abettor is considered as a principal offender."
Key Points to Understand:
Definition:
If a person abets (encourages, instigates, or helps) another to commit a crime and is physically present when the crime is committed, they are treated as if they themselves committed the crime.
Principal vs Abettor:
Principal Offender: The person who actually commits the offence.
Abettor: The person who encourages or helps the principal offender.
Under Section 104, if the abettor is present, the law treats them as a principal offender, making them equally liable for punishment.
Mental Element (Mens Rea):
The abettor must have the intention of aiding or encouraging the commission of the offence.
Mere presence without intent or encouragement does not make one liable.
Act Element (Actus Reus):
The abettor must be present at the scene when the offence is committed.
Presence combined with prior abetment turns the abettor into a principal offender legally.
Illustration / Example:
Instigation Example:
A tells B, “Go and steal that bag.”
A follows B to the place and watches while B steals the bag.
Here, A is liable as a principal offender under Section 104 because A abetted and was present during the theft.
Difference with Abetment in Absence:
If A had only encouraged B but was not present, A would be treated as an abettor, not a principal offender.
Relation to Other Sections:
Section 104 is often read along with:
Section 107 – Defines abetment.
Section 108 & 109 – Abetment in case the offence is committed or attempted.
Essentially, Section 104 amplifies the liability of the abettor when present.
✅ In short:
If you abet a crime and are present while it happens, you are treated as if you committed the crime yourself.
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