Sections 107 to 120B - Of Abetment

11:51 PM  B Giridharan  46 comments


THE INDIAN PENAL CODE, 1860

CONTENTS


OF ABETMENT

107. Abetment of a thing

108. Abettor

108A. Abetment in India of offence outside India







114. Abettor present when offence is committed













CRIMINAL CONSPIRACY


120A. Definition of criminal conspiracy

120B. Punishment of criminal conspiracy

CHAPTER
V

OF ABETMENTS

107. Abetment of a thing:-

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.

Explanation1:- 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 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.

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.

108. Abettor: - A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable of law of committing
an offence with the same intention or knowledge as that of the abettor.

Explanation 1: - The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to be that act.

Explanation 2: - To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that effect requisite to constitute the offence should be caused.

Illustrations

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

Explanation 3: -- It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of abettor, or any guilty intention or knowledge.

Illustrations

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committed an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z's death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z's death. Here, though B was not capable by law of committing an offence. A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.

(c) A instigates B to set fire to a dwelling-house, B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A's instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence.

(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z's possession, in good faith, believing it to be A's property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

Explanation 4-The abetment of an offence being an offence, the abetment of such an abetment is also as offence.

Illustration

A instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B's instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation 5: - It is not
necessary to the commission of the offence of abetment by conspiracy that
the abettor should concert the offence with the person who commits it. It
is sufficient if he engages in the conspiracy in pursuance of which the offence
is committed.

A concert with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains
the plan to C mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

1[108A. Abetment in India of offences outside India:-- A person abets as offence within the meaning of this in Code who, in 2[India], abets the commission of any act without and beyond 2[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.]

1. Added by Act 4 of 1898, sec. 3.

2. The words "British India" have successively been subs. by the A.O. 1948, the A.O.1950 and Act 3 of 1951,sec. 3. and sch. to read as above.

109. Punishment of abetment if the act abetted is committed in consequence, and where no express
provision is made for its punishment: - Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

Explanation: - An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation or in pursuance of the conspiracy, or with the aid, which constitutes the abetment.

Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in Section 161.

(b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(c) A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

110. Punishment of abetment if person abetted does act with different intention from that
of abettor:--
Whoever abets the commission of an offence shall, if the person abetted does
the act with a different intention or knowledge from that of then abettor,
be punished with the punishment provided for the offence which would have
been committed if the act had been done with the intention or knowledge of
the abettor and with no other.

111. Liability of abettor when one act abetted and different act done:-- When an act is abettedand a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it:

Proviso: - Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy whichconstituted the abetment.

Illustrations

(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A's instigation, and the act done was under the circumstances a probable consequence of the abetment. A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y.

(b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.

112. Abettor when liable to cumulative punishment for act abetted and for act done: - If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

Illustration

A instigates B to resist by force a distress
made by a public servant. B, in consequence, resists that distress. In offering
the resistance, B voluntarily causes grievous hurt to the officer executing
the distress. As be has committed both the offence of resisting the distress,
and the offence of voluntarily causing grievous hurt, B is liable to punishment
for both these offences; and, if A knew that B was likely voluntarily to cause
grievous hurt in resisting the distress A will Also be liable to punishment
for each of the offences.

113. Liability
of abettor for an effect caused by the act abetted different from that intended
by the abettor:-
When an act is abetted with the intention on the part of the abettor of causing
a particular effect, and an act for which the abettor is liable in consequence
of the abetment, cause a different effect from that intended by the abettor,
the abettor is liable for the effect caused, in the same manner and to the
same extent as if he had abetted the act with the intention of causing that
effect, provided he knew that the act abetted was likely to cause that effect.

Illustration

A instigates B to cause grievous hurt
to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies
in consequence. Here, if A knew that the grievous hurt abetted was likely
to cause death, A is liable to be punished with the punishment provided for
murder.

114. Abettor
present when offence is committed:- Whenever any person, who is absent would be liable
to be punished as an abettor, is present when the act or offence for which
he would be punishable in consequence of the abetment is committed, he shall
be deemed to have committed such act or offence.

115. Abetment
of offence punishable with death or imprisonment for life—if offence not committed:
- Whoever abets the commission of an offence punishable with death or 1[imprisonment for life], shall, if that offence
be not committed in consequence of the abetment, and no express provision
is made by this Code for the punishment of such abetment, be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine;

If act causing harm
be done in consequence—and if any act for which the abettor is liable in consequence of the
abetment, and which causes hurt to any person, is done, the abettor shall
be liable to imprisonment of either description for a term which may extend
to fourteen years, and shall also be liable to fine.

Illustration

A instigates B to murder Z. The offence
is not committed. If B had murdered Z, he would have been subject to the punishment
of death or 1[imprisonment
for life]. Therefore A is liable to imprisonment for a term which may extend
to seven years and also to a fine; and if any hurt be done to Z in consequence
of the abetment, he will be liable to imprisonment for a term which may extend
to fourteen years, and to fine.

1. Subs. by Act 26 of 1955,
sec.117 and sch., for "Transportation for life" (w.e.f. 1-1-1956).

116. Abetment
of offence punishable with imprisonment—if offence be not committed :-- Whoever abets an offence
punishable with imprisonment shall, if that offence be not committed in consequence
of the abetment, and no express provision is made by this Code for the punishment
of such abetment, be punished with imprisonment of any description provided
for that offence for a term which may extend to one-fourth part of the longest
term provided for that offence; or with such fine as is provided for the offence,
or with both ;

If abettor or person
abetted be a public servant whose duty it is to prevent offence: - and if the abettor or the
person abetted is a public servant, whose duty it is to prevent the commission
of such offence, the abettor shall be punished with imprisonment of any description
provided for that offence, for a term which may extend to one-half of the
longest term provided for that offence, or with such fine as is provided for
the offence, or with both.

Illustrations

(a) A offers a bribe to B, a public servant,
as a reward for showing A some favour in the exercise of B's official functions.
B refuses to accept the bribe. A is punishable under this section.

(b) A instigates B to give false evidence. Here,
if B does not give false evidence, A has s nevertheless committed the offence
defined in this section, and is punishable accordingly.

(c) A, a police-officer, whose duty it is to
prevent robbery, abets the commission of robbery. Here, though the robbery
be not committed, A is liable to one-half of the longest term of imprisonment
provided for that offence, and also to fine.

(d) B abets the commission of a robbery by A,
a police-officer, whose duty it is to prevent that offence. Here, though the
robbery be not committed, B is liable to one-half of the longest term of imprisonment
provided for the offence of robbery, and also to fine.

117. Abetting
commission of offence by the public or by more than ten persons: - Whoever abets the commission of an offence
by the public generally or by any number
or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.

Illustration

A affixes in a public place a placard
instigating a sect consisting of more than ten members to meet at a certain
time and place, for the purpose of attacking the members of an adverse sect,
while engaged in a procession. A has committed the offence defined in this
section.

118. Concealing
design to commit offence punishable with death or imprisonment for life:-Whoever intending to facilitate
or knowing it to be likely that be will thereby facilitate the commission
of an offence punishable with death or 1[imprisonment for life],

Voluntarily conceals, by any
act or illegal omission, the existence of a design to commit such offence
or makes any representation which he knows to be false respecting such design,

If offence be committed--if offence be not committed—shall, if that offence be
committed, be punished with imprisonment of either description for a term
which may extend to seven years, or, if the offence be not committed, with
imprisonment of either description, for a term which may extend to three years;
and in either case shall also be liable to fine.

Illustration

A, knowing that dacoity is
about to be committed at B, falsely informs the Magistrate that a dacoity
is about to be committed at C, a place in an opposite direction, and thereby
misleads the Magistrate with intent to facilitate the commission of the offence.
The dacoity is committed at B in pursuance of the design. A is punishable
under this section.

1. Subs. by Act 26 of 1955,
sec.117 and sch., for "Transportation for life" (w.e.f. 1-1-1956).

119. Public
servant concealing design to commit offence which it is his duty to prevent: - Whoever, being a public
servant, intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence which it is his duty as such public
servant to prevent;

Voluntarily conceals, by any act or illegal
omission, the existence of a design to commit such offence, or makes any representation
which he knows to be false respecting such design.

If offence be committed—shall, if the offence be committed, be punished with
imprisonment of any description provided for the offence, for a term which
may extend to one-half of the longest term of such imprisonment, or with such
fine as is provided for that offence, or with both;

If offence be punishable with death, etc.— or, if the offence be punishable
with death or 1[imprisonment
for life], with imprisonment of either description for a term which may extend
to ten years;

If offence be not committed—or if the offence be not committed, shall be punished
with imprisonment of any description provided for the offence for a term which
may extend to one-half part of the longest term of such imprisonment or with
such fine as is provided for the offence, or with both.

Illustration

A, an officer of police, being legally
bound to give information of all designs to commit robbery which may come
to his knowledge, and knowing that B designs to commit robbery, omits to give
such information, with intent to facilitate the commission of that offence.
Here A has by an illegal omission concealed the existence of B's design, and
is liable to punishment according to the provision of this section.

1. Subs. by Act 26 of 1955,
sec.117 and sch., for "Transportation for life" (w.e.f. 1-1-1956).

120. Concealing
design to commit offence punishable with imprisonment: -Whoever, intending to facilitate
or knowing it to be likely that be will thereby facilitate the commission
of an offence punishable with imprisonment,

Voluntarily conceals, by any
act or illegal omission, the existence of a design to commit such offence,
or makes any representation which he knows to be false respecting such design,

If offence be committed—if offence be not committed:
- shall, if the offence be committed, be punished with imprisonment of the
description provided for the offence, for a term which may extend to one-fourth,
and, if the offence be not committed, to one-eighth, of the longest term of
such imprisonment, or with such fine as is provided for the offence, or with
both.

1[CHAPTER VA

CRIMINAL CONSPIRACY

1. Ins. by Act 8 of 1913,
sec. 3.

120A. Definition of criminal conspiracy: - When two or
more person agree to do, or cause to be done,

(1)
An illegal act, or

(2)
An act which is not illegal by illegal
means, such an agreement is designated a criminal conspiracy:

Provided that no agreement
except an agreement to commit an offence shall amount to a criminal conspiracy
unless some act besides the agreement is done by one or more parties to such
agreement in pursuance thereof.

Explanation: - It is immaterial
whether the illegal act is the ultimate object of such agreement, or is merely
incidental to that object.

1[120B. Punishment of criminal conspiracy: -

(1)
Whoever is a party to a criminal
conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment
for a term of two years or upwards shall, where no express provision is made
in this Code fro the punishment of such a conspiracy, be punished in the same
abetted such offence.

(2) Whoever is a party to a criminal conspiracy
other than a criminal conspiracy to
commit an offence punishable as aforesaid shall be punished with imprisonment
of either description for a term not exceeding six months, or with fine or
with both.]

1. Ins. by Act 8 of 1913,
sec. 3.

2. Subs. by
Act 26 of 1955, sec.117 and sch., for "Transportation for life" (w.e.f.1-1-1956).

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