Monday, 20 June 2022

Abetment | The Indian Penal code

 Abetment | The Indian Penal Code

Abettor is a person who does not really is the part of the offence physically but mentally.Abettor is a

person who plays on the back foot and gets the offence done by tricking the other person’s mind.

Section 133 Says if an abettor instigates a person to cause harm and is well aware of the effect of the

harm but during the execution of the crime, the expected effect is slightly different from what the

effect of harm was expected.

For example- Mr Chopra instigated sunny to cause grievous hurt to guard of the building.Sunny acts

upon the instigation and causes grievous hurt to the card but during that process guard dies. If Mr

Chopra was well aware that the grievous hurt was likely to cause death of Guard, he would be

punished for the punishment provided for murder because grievous hurt can cause murder also.

If the abettor is present or absent from the crime scene when the offences being committed.

First instance - A instigate B to murder Z and he is present at the time when offence is being

committed

In this case it is considered that A has committed the offence as he is the abettor.

Second instance - Whereas if A instigate B to murder guard of the building and he is not present at

the time when offence is being committed.

In this case the punishment will be for the abetment of that particular offence .

Section 115

Offences which is punishable with death or imprisonment for life , offences like murder or heinous

crimes , for these crimes the punishment is imprisonment for life .So, if somebody is abetting a

person to do a particular offences mentioned above ,however the person who got abetted has not

committed that particular crime ,now the question is whether there is any punishment for such

abetment? So ,the punishment depends on the offence that that was going to be committed by the

person, if the offence is of high-frequency or heinous crime, the punishment for abettor can go up to

7 years of imprisonment and fine . While ,if didn’t exactly do exactly what abettor asked to do

(murder), but during the course of such act if there is any hurt caused in that case the punishment

can go up to 14 years along with fine.

Section 116 if a person instigate other person to commit an offence and the offence is not that of

high frequency and such offence is not committed by the other person the abettor shall be punished

for imprisonment for one fourth of the offence of punishment that was about to be committed by

the instigation of abettor.

(we can categorise the offence of high-frequency by comparing it with the punishment of each

offences)


For example- A instigated B to Commit theft in Z’s house. We however after the instigation didn’t

commit the offence. The punishment of abettor would be one fourth of the punishment for theft .

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