Code
1[108A. Abetment in India of offences outside India.— A person abets an offence within the meaning of this Code who, in 2[India], abets the commission of any act without and beyond 1[India] which would constitute an offence if committed in 2[India].
Illustration
A, in 2[India], instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.]
Explanation
This section criminalizes the abetment of offences committed outside India, if:
- The offence is punishable under Indian law.
- The abetment takes place within India.
In essence, if an individual in India encourages or aids someone to commit an offence in another country, and that offence is punishable under Indian law, they can be held liable under Section 108A.
Illustration : 108A IPC
Consider a scenario where a person in India, through online communication, provides instructions to a person in another country on how to hack into a government website in India. The hacking act is an offence under Indian law, and the abetment took place in India. In this case, the person in India could be held liable under Section 108A.
Common Questions & Answers: 108A IPC
Q: What if the offence is not punishable under Indian law?
A: If the offence is not punishable under Indian law, then Section 108A will not apply.
Q: What if the abetment took place outside India?
A: If the abetment took place outside India, then Section 108A will not apply.
Q: What is the punishment for abetment under this section?
A: The punishment for abetment under Section 108A is the same as the punishment for the offence abetted.
