Overview: Any person who abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made for the punishment of such abetment, he/she shall be punished with the punishment provided for the offence.
What does abetment mean?
It means to suggest/instigate, aid/assist, provoke or encourage someone into doing something. The word abetment has been defined under Section 107 of the IPC. The Section provides that abetment takes place when a person abets i.e. aids the doing of a thing by:
(1) instigating a person to do that thing; or
(2) engaging with another person/s in a conspiracy to do that thing; or
(3) intentionally aiding a person to do that thing.
Ingredients of the Section: The following are the essentials of this section ;
A person must abet an offence
The act committed by the person must be in pursuance of abetting of the offence
There should be no express provision for punishment of such abetment
Punishment: Any person liable under this section shall be punished with the punishment provided for the offence that the person has abetted
Example: Rohini instigates Karan to give false evidence. Karan, in consequence of the instigation, commits that offence. Rohini is guilty of abetting that offence and is liable to the same punishment as Karan.
Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. | Same as for offence abetted | According to the offence abetted | According to the offence abetted | According to the offence abetted |
| Offence | Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. |
|---|---|
| Punishment | Same as for offence abetted |
| Cognizance | According to the offence abetted |
| Bail | According to the offence abetted |
| Triable By | According to the offence abetted |
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