IPC Section 108 - Abettor

When a person commits a crime, then it's not always the only person responsible who commits the crime. Sometimes, there are people behind who encourage, instigate, or assist the criminals to commit a crime, and those people are also equally accountable for the crimes as per the Indian legal system. This is where Section 108 of the Indian Penal Code (IPC) comes into play. This is the concept of an abettor, which means someone who may not commit the crime themselves but plays a vital role in making it happen. 

It's important to understand how the law punishes these criminals behind the crime and what the role of Section 108 is in the justice system. In this article, we will understand everything about Section 108 of the IPC, including abettor, types, laws, and punishments involved in such cases. Let's find out!

What Is Section 108 In The Indian Penal Code?

Section 108 of the Indian Penal Code (IPC) deals with the abetment, which means those people who help or encourage someone to commit a crime. Also, if someone helps someone break the law or works with others to plan a crime, they are considered to have abetted the offence, this section is especially for these people who are also responsible for assisting or supporting criminal acts, even if they don't commit themselves.

Defining Abetment

As per Section 108 of the IPC, Abetment means helping, encouraging, or planning with others to commit a crime. It holds those people responsible for indirectly committing the crime and plays a role in making it happen.

Types of Abetment

These are the three main types of abetment:

1. Instigation

Instigation means when someone actively encourages or urges another person to commit a crime, which includes directly suggesting someone or pressure someone to take illegal action. These integrator’s words are so influential and powerful that they can change a person's mind and decide to commit a crime.

2. Aid

Aid refers to providing all the required resources to someone to commit a crime, which can include weapons, masks, exit plans, etc. Everything that can help a criminal commit a crime smoothly or toll that helps to commit a crime, then they are providing aid. A person supports the criminal in committing a crime with the provided resources.

3. Conspiracy

Conspiracy means when two or more people plan to commit a crime together. It involves agreement among the individuals and making them responsible for the planned crime like bank robbery. Even if someone is planning the entire crime, it also plays a vital role in the crime. 

Role Of Abettor In Criminal Offenses

An abettor is a person who silently supports criminals in committing crimes. They are co-conspirators, support, and encourage to commit a crime with assistance but not physical participation. These people still play a critical role in crime and are held legally accountable for the crime's success. Their silent support ensures that they are involved in ensuring a fair legal process.

Propositions Covered Under Section 108 of IPC

1. Abetment of Criminal Offense: If someone helps or encourages another person to commit a crime, then that person is also considered a part of the crime. For example - if a person tells someone to shoplift, then both are equally responsible for the crime.

2. Abetment of Acts That Would Constitute Offenses: Even if a person is not taking illegal action but urging someone to do it, then it still counts toward legal trouble.

3. Abetment by Conspiracy: When two or more people together plan to commit a crime, all the participants are equally punishable.

4. Active Participation or Omission: Abatement occurs mainly in two ways, i.e., helping in a crime or failing to stop it. For example - witnessing a crime and not taking action to prevent it makes a witness accountable.

5. Punishment for Abetment: If a crime is committed, then the person who helped or encouraged them to commit a crime faces the same punishment as the person who committed the crime.

IPC Section 108 Explanation

IPC Section 108 mainly deals with the idea of an "abettor" and the act of abetment, which is related to criminal offences. Here's a complete breakdown:

Section 108 - Abettor

A person is considered to abet an offence if they encourage or help someone to commit a crime. Then, it counts as support for the act of the crime; even if someone else commits it, both get punished.

• Explanation 1: If someone encourages another person to ignore the legal responsibility, then it is still considered abetment. For example, if a witness sees a crime and someone tells them not to report it, then they are also charged for helping with that illegal act.

• Explanation 2: A person can be charged with abetment even if the crime they are trying to encourage didn't happen. Section 108 focuses on those people whose intention is to encourage crime, not just the outcome.

• Explanation 3: The person who is encouraged to commit a crime doesn't have to commit a crime legally. They don't need to have the same bad intentions as the abettor's intention.

• Explanation 4: Helping or encouraging someone who is already committing a crime then it's also a crime. This means if someone tries to support another abettor, then they get punished, too.

• Explanation 5: An abettor doesn't need to work directly with the person committing the crime. They can still commit the crime by supporting or providing resources to those who commit a crime.

Illustrations

Here are several illustrative scenarios to help understand the concept of abetment:

• Instigating Murder: If person A tells person B to kill person C and B decides not to commit a murder. Still, A is guilty of encouraging murder. The law holds A responsible for trying to get B to commit a crime.

• Act Following Instigation: If person A tells person B to kill D and B commits a crime but D survives, still A is guilty of trying to get B to commit a murder. Because the outcome doesn't matter, A is encouraging B to commit a crime.

• Abetment of a Child: If I encourage a child or mentally ill person to do something illegal, then I Am charged with abetment, even if the crime isn't done. This law protects vulnerable individuals and holds the instigator accountable.

• Instigation of a Child to Kill: If A tells a child under seven years to kill someone, then A is still punishable for attempting or encouraging a child to murder. And a child can't be legally accountable for a crime.

• Unsound Mind and Abetment: If A encourages B, who has a mental illness, to commit a crime and B does it, B still isn't guilty because of his condition. However, A is guilty of encouraging the crime.

• Abetting Theft: If A plans to steal and gets B to take someone's property on a false claim, then A is guilty of abetting theft, even if B doesn't successfully steal anything.

• Chain of Abetment: If A tells B to convince C to kill Z, then C does it, and then A and B both change with murder.

• Conspiracy and Abetment: If A and B agree to poison Z and A gives position to Z, leading to Z's death, then both A and B are punished, even if B didn't physically give the poison to Z.

Section 108 Of The Companies Act 2013

Section 108 of the Companies Act 2013  explains how shares and debentures can be transferred from one person to another. Here are the main points to know:

• Transfer Registration: A company can't record the transfer of shares or debentures unless a proper transfer document is provided. This document is called an "instrument of transfer."

• Details Required: This instrument of transfer document must be stamped and signed by both the person transferor and transferee, and it must include information like name, address, and job.

• Submission of Documents: The transfer of documents must be given to the company along with the original share or debenture certificate. If there's no certificate, then the person must submit the letter confirming the share or dentures to them instead.

• Lost Documents: If the transfer document is lost, then the company can still register the transfer if the Board of Directors believes that both have complete instruments without a physical document. 

Explanations for Abetment

• Explanation 1: If someone encourages another person not to do something legally, then it's also a crime. Even if the person who encouraged them wasn't legally obligated to do that action.

• Explanation 2: A person can still be guilty of encouraging a crime even if the crime never occurs or if the result of the crime doesn't occur.

• Explanation 3: A person being encouraged doesn't have to commit the crime, nor does they need to share the same bad intentions or knowledge similar to the person who is enrolling them.

• Explanation 4: When you help someone commit a crime, then it considers itself a crime. Also, if someone helps another person who is already helping someone else to commit a crime, it also leads to crime.

• Explanation 5: If someone is part of a conspiracy, i.e., an agreement to commit a crime, they can be held responsible for abetment. Even if they don't directly plan with a person for a crime, just being involved in a crime is enough punishment.

Section 108(A) - Abetment In India Of Offenses Committed Outside India

Section 108(A) deals with the abetment of offences committed outside India. This means that if a person in India encourages, supports, or helps someone to commit a crime outside the country, then they can still be responsible under Indian law. For example - If person A is in India, entourage B, a foreigner in another country, commits murder in that country, then A is still punished for committing the crime, even if it happens outside India.

Four Stages of Crime

These are the four stages of crime:

Stage 1. Involvement

A person must be involved for a crime to happen. Because people either commit crimes themselves or help others commit them, they are responsible for their actions.

Stage 2. Intention and Knowledge

In the second stage, the intention and knowledge behind the crime play a role. If a person plans to harm someone, their actions are seen as criminal.

Stage 3. Attempt or Action

Once the intention and knowledge are clear, the third stage leads to taking action or attempting to commit the crime. This attempt happens based on the intention to harm.

Stage 4. Completion of Crime

The final stage is when crime is completed and illegal. Abetment or helping or planning with someone to commit a crime also comes under this stage.

Punishment for Abetment Under IPC

Under the IPC Section 108, if a person encourages or helps someone to commit a very serious crime like murder or capital offence, but the crime doesn't actually happen, then still the abettor is punished with up to seven years of rigorous imprisonment and a fine.

Landmark Cases Related to IPC Section 108

Here are some landmark cases related to IPC Section 108:

1. Gurcharan Singh vs State of Punjab (2002)

In this case, Gurcharan Singh was accused of helping someone commit murder. Even though he didn't kill the person directly, the court found that he encouraged the murders with his words and support. Because of Gurucharan encouragement, he was responsible for the murder under Section 108. This case shows that if someone doesn't do the crime themselves but supports and encourages others to commit the crime, then they are held responsible.

2. Pramod Shriram Telgote vs State of Maharashtra (2018)

In this case, Pramd Shriram Telgote was accused of causing a woman (named Poonam) to commit suicide because he harassed her. However, the court said that to force someone else to commit suicide, there must be clear encouragement of the act. But it wasn't enough proof that Pramod wanted Poonam to kill herself. This case shows that guilt of abetment must require a clear intention to encourage the act.

3. Channu vs State of Chhattisgarh (2018)

In this case, Channu's wife committed suicide at home, and her husband was accused of helping or forcing her to do it. The court found that just being her husband doesn't mean he's responsible for her death, and it wasn't enough to charge her husband with abetment. There must be clear proof that he forced her to commit suicide. This case shows that circumstances or relationships don't automatically find someone guilty for encouraging someone to commit a crime.

Conclusion

Section 108 of the Indian Penal Code (IPC) addresses the concept of an "abettor," someone who encourages, supports, or helps someone to commit a crime. Then, that person is also equally responsible for the punishment as per the legal system. It's very important to understand this IPC Section 108 and how the legal system ensures justification in such cases. We hope this guide helps you know everything about Section 108, its importance, the role of the abettor, and the laws around it.

FAQs

Q. What is the penalty for abetment?

The penalty for abetment can vary based on the nature of the crime abetted. As per IPC Section 108, the abettor may face the same punishment as the committed person.

Q. How does the IPC handle criminal conspiracy?

The IPC treats the conspiracy seriously and allows for punishment even if the crime isn't actually carried out.

Q. Is there a specific IPC section that punishes abetment?

Yes, IPC Section 108 especially deals with those people who qualify as an abettor, a person who encourages someone to commit a crime.

Q. What does IPC Section 108 cover in the Indian legal system?

IPC Section 108 defines the act of abetment and outlines the individuals who encourage someone to commit a crime, and they are held legally accountable.

Q. Under which legal framework does Section 108 exist?

Section 108 is part of the Indian Penal Code (IPC), which is the primary criminal law in India.

Q. What are the penalties specified in IPC Section 108?

The penalties of IPC Section 108 include imprisonment or fines, depending on the severity of the crime and the role of the abettor.

Q. Can someone be charged with abetment if the main offender is not found guilty?

Yes, a person can still be charged with abetment even if the offender is not convinced. Regardless of the main offender, the actions of the abettor are also punishable.

Q. Is abetment considered a bailable offense?

Abetment is bailable or non-bailable, depending on the nature of the crime being abetted.

Q. How can I report suspicions of abetment?

You can report suspicions of abetment to the police or a relevant legal authority. But you need strong evidence or detailed information for further investigation.

Q. What distinguishes Sections 107 and 108 of the Evidence Act?

Section 107 of the IPC deals with abetment and outlines the role of an abettor. On the other hand, Section 108 outlines the punishment for abetment.