IPC Section 107 : Abetment Of A Thing

Abetment, under the Indian Penal Code (IPC) Section 107, addresses scenarios where a person assists, encourages, or aids another in committing a crime or wrongful act. The provision elaborates on what constitutes abetment and the various ways it can be committed. It serves as a crucial legal provision in ensuring that individuals who contribute to the commission of an offense, even indirectly, are held accountable. This article delves into the concept of abetment, its legal interpretations, and its implications under Section 107 of the IPC.

Legal Provision

Section 107 of IPC ‘Abetment Of A Thing’ states

A person abets the doing of a thing, who:

1. Instigates any person to do that thing; or
2. 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
3. Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanations

1. A person who, by willful misrepresentation, or by willful 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 authorized by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

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.

Key Elements Of Section 107 Of IPC

Section 107 of the IPC defines abetment in three distinct ways:

1. Instigation: Instigating any person to do a specific act.
2. Engaging in a Conspiracy: Collaborating with others in a conspiracy to commit an act, provided an act or illegal omission takes place in pursuance of that conspiracy.
3. Intentional Aid: Intentionally aiding, either through acts or omissions, in the commission of the act.

Instigation

Instigation involves provoking, encouraging, or pressuring another person to commit an act. The instigator must actively cause a person to have the intention of committing the act. Mere advice or passive presence without evidence of intent to incite does not constitute instigation.

Explanation: Willful misrepresentation or concealment of a material fact, which one is bound to disclose, amounts to instigation if it leads to the commission of an act.

Illustration: A public officer, A, is authorized to arrest Z. B, knowing that C is not Z, willfully misrepresents to A that C is Z, causing A to apprehend C. Here, B instigates A to apprehend C, thereby abetting the wrongful act.

Engaging In A Conspiracy

Abetment through conspiracy involves an agreement between two or more persons to commit an illegal act. For this to qualify as abetment under Section 107, two conditions must be satisfied:

• An act or illegal omission must take place in pursuance of the conspiracy.
• The act or omission must be directly aimed at facilitating the commission of the wrongful act.

The provision ensures that conspirators cannot escape liability by claiming they did not personally execute the offense.

Intentional Aid

Providing assistance, whether physical, financial, or intellectual, that enables another person to commit an act constitutes abetment through intentional aid. This assistance may take the form of direct action or deliberate inaction when the aider has a duty to act.

Illustration: Suppose D knows E intends to commit theft and lends him tools for breaking locks. D intentionally aids E in committing the theft and is thus guilty of abetment.

Essential Ingredients Of Abetment

For an act to qualify as abetment under Section 107, the following elements must be present:

1. Mens Rea (Intent): The abettor must have the intention to aid or facilitate the commission of the act.
2. Actus Reus (Act or Omission): The abettor must engage in an act or omission that contributes to the commission of the principal offense.
3. Proximity: There must be a clear and direct link between the abettor’s actions and the commission of the offense.

IPC Section 107: Key Details

Case Laws

A few case laws based on Section 107 of IPC are

State of Maharashtra v. Mayer Hans George

Here, the Supreme Court of India addressed the issue of conspiracy in the context of abetment under Section 107 of the Indian Penal Code. The case involved allegations of conspiracy to commit offenses related to gold smuggling. The Court emphasized that the essence of criminal conspiracy lies in the agreement between two or more individuals to commit an illegal act or a legal act by illegal means. Crucially, the Court held that the mere agreement is not sufficient for abetment by conspiracy; some act or illegal omission must take place in pursuance of that conspiracy and in order to achieve the object of the conspiracy. This ruling clarified the necessary elements for establishing abetment through conspiracy.

Ram Kumar v. State of Rajasthan

In this case, the Supreme Court addressed the crucial element of mens rea (guilty mind) in abetment cases. Ram Kumar was accused of abetting a murder. The prosecution's case rested primarily on his presence at the crime scene. The Court held that mere presence, without evidence demonstrating intentional aiding, instigation, or conspiracy, is insufficient to establish abetment under Section 107 of the Indian Penal Code. The judgment emphasized that a specific intention to facilitate or encourage the commission of the offense is a necessary ingredient for a conviction of abetment. This case reinforces the principle that passive presence does not equate to criminal culpability for abetment.

Kishori Lal v. State of Rajasthan

Here, the Supreme Court of India clarified the legal concept of "instigation" within the context of abetment under Section 107 of the Indian Penal Code. The Court emphasized that instigation must be direct, intentional, and have a proximate and causal link to the commission of the offense. Mere words uttered in anger or without a clear intention to incite the commission of a crime do not constitute instigation. This case established a crucial precedent, requiring a clear nexus between the alleged instigation and the subsequent criminal act for establishing liability for abetment.

Conclusion

Section 107 of the IPC underscores the importance of accountability for indirect contributions to criminal acts. By covering instigation, conspiracy, and intentional aid, it ensures that abettors face legal consequences for their role in facilitating offenses. The provision’s broad scope and nuanced interpretations by the judiciary reinforce its role as a cornerstone of criminal law in India. Understanding its intricacies is crucial for legal practitioners and individuals alike to appreciate the dynamics of criminal liability and justice.

FAQs

A few FAQs on Section 107 of IPC are

Q1. How does conspiracy lead to abetment under IPC Section 107?

Conspiracy under Section 107 involves an agreement between two or more individuals to commit an act, followed by an actual act or illegal omission in pursuance of the conspiracy. Both elements must be present to establish abetment.

Q2. What is intentional aid in the context of abetment?

Intentional aid refers to providing direct or indirect assistance to facilitate a wrongful act. This can include physical help, financial support, or willful inaction when there is a duty to act, with the intent to enable the act.

Q3. Can abetment occur without direct involvement in the crime?

Yes, abetment does not require direct participation in the crime. A person can be held liable for instigating, conspiring, or aiding another in committing the act, even if they do not physically commit it.

References

1. https://www.toppr.com/guides/legal-aptitude/indian-penal-code/abetment-under-section-107-ipc-instigation-conspiracy-aid/
2. https://devgan.in/ipc/chapter_05.php#s107
3. https://indiankanoon.org/doc/1564263/
4. https://indiankanoon.org/doc/1443656/#:~:text=JUDGMENT Bhandari%2C C.J.,Ramsingh accused has been acquitted.