Code
A person abets the doing of a thing, who—
First.—Instigates any person to do that thing; or
Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorised by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
Explanation
Section 107 of the Indian Penal Code (IPC) defines abetment of a thing. It states that whoever abets the doing of any “thing” which is not an offense but which is prohibited by law, shall be punished with the punishment provided for the doing of that “thing.”
Illustration
Imagine a law prohibits the sale of certain types of fireworks. A person convinces another person to sell these prohibited fireworks. In this case, the person who convinced the other is guilty of abetting the sale of the prohibited fireworks, even though the sale itself is not an offense.
Common Questions and Answers
Q: What is the difference between abetting an offense and abetting a thing?
A: Abetting an offense involves assisting in the commission of an act that is specifically defined as a crime under the law. Abetting a thing involves assisting in the commission of an act that is not an offense but is prohibited by law.
Q: What are the elements of abetment under Section 107?
A: The elements include:
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- There must be a “thing” that is prohibited by law.
- The accused must have abetted the doing of that “thing”.
- The accused must have intended to abet the doing of that “thing” or have known that their actions would likely result in the doing of that “thing”.
