IPC Section 107
IPC Section 107 — Abetment of a crime
Core idea: Section 107 defines what counts as “abetment”. In simple terms, abetment is helping, encouraging, or facilitating someone to commit a crime. Section 107 lays out the different ways a person can abet a crime under Indian law.
Who can be guilty of abetment
A person is said to abet an offence if they intentionally do one of the following things in relation to the offence:
Instigation – Persuading, inciting, or provoking another person to commit the crime.
Example: A tells B, “Go burn that shop tonight,” intending for B to do it.
Conspiracy – Engaging in a plan or agreement with others to commit the offence.
Example: A and B agree to rob a bank. Even if A doesn’t commit the robbery physically, they are abetting it.
Facilitating the offence – Intentionally helping or aiding the commission of the crime in some way.
Example: A gives B a crowbar to break into a house, knowing B intends to commit theft.
Elements of abetment under Section 107
To be guilty of abetment, all these elements are needed:
There must be an offence – There should be a criminal act that is defined under IPC.
Intentional involvement – The accused must have intentionally encouraged, aided, or conspired. Mere knowledge of the crime is not enough unless combined with encouragement or assistance.
Direct connection – The abetment must be linked to the actual offence or the act planned.
Types of Abetment (as per Section 107)
Instigating – Directly provoking someone to commit an offence.
Conspiring – Agreeing with others to commit an offence.
Aiding – Intentionally helping someone commit a crime by doing something that facilitates it.
Note: Section 107 only defines abetment. The punishment for abetment depends on the provisions of IPC under which the main offence falls. For example, abetment of murder is punished like murder itself (Section 109 IPC).
Examples
Instigation: A tells B to poison C. B does it. A is guilty of abetment.
Conspiracy: A and B plan to rob a bank. They discuss the plan but A never goes to the bank. A is still guilty of abetment.
Aiding: A provides weapons to B for committing a robbery. B commits the robbery. A is guilty of abetment.
Key Point:
Abetment does not require the abettor to commit the crime themselves. Even if the principal offence is not actually committed, the abettor can still be punished for abetment under some circumstances.
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