Indian Penal Code,1860
Act No : 45
Section :
Abettor.
108. Abettor.--A person abets an offence, who abets either thecommission of an offence, or the commission of an act which would bean offence, if committed by a person capable by law of committing anoffence with the same intention or knowledge as that of the abettor. Explanation 1.-The abetment of the illegal omission of an act mayamount to an offence although the abettor may not himself be bound todo that act. Explanation 2.-To constitute the offence of abetment it is notnecessary that the act abetted should be committed, or that the effectrequisite to constitute the offence should be caused. Illustrations (a) A instigates B to murder C. B refuses to do so. A is guiltyof abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigationstabs D. D recovers from the wound. A is guilty of instigating B tocommit murder. Explanation 3.-It is not necessary that the person abetted shouldbe capable by law of committing an offence, or that he should have thesame guilty intention or knowledge as that of the abettor, or anyguilty intention or knowledge. Illustrations (a) A, with a guilty intention, abets a child or a lunatic tocommit an act which would be an offence, if committed by a personcapable by law of committing an offence, and having the same intentionas A. Here A, whether the act be committed or not, is guilty ofabetting an offence. (b) A, with the intention of murdering Z, instigates B, a childunder seven years of age, to do an act which causes Z's death. B, inconsequence of the abetment, does the act in the absence of A andthereby causes Z's death. Here, though B was not capable by law ofcommitting an offence, A is liable to be punished in the same manneras if B had been capable by law of committing an offence, and hadcommitted murder, and he is therefore subject to the punishment ofdeath. (c) A instigates B to set fire to a dwelling-house. B, inconsequence of the unsoundness of his mind, being incapable of knowingthe nature of the act, or that he is doing what is wrong or contraryto law, sets fire to the house in consequence of A's instigation. Bhas committed no offence, but A is guilty of abetting the offence ofsetting fire to a dwelling-house, and is liable to the punishmentprovided for that offence. (d) A, intending to cause a theft to be committed, instigates Bto take property belonging to Z out of Z's possession. A induces B tobelieve that the property belongs to A. B takes the property out ofZ's possession, in good faith, believing it to be A's property. B,acting under this misconception, does not take dishonestly, andtherefore 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, theabetment of such an abetment is also an offence. Illustration A instigates B to instigate C to murder Z. B accordinglyinstigates C to murder Z, and C commits that offence in consequence ofB's instigation. B is liable to be punished for his offence with thepunishment for murder; and, as A instigated B to commit the offence, Ais also liable to the same punishment.122 Explanation 5.-It is not necessary to the commission of theoffence of abetment by conspiracy that the abettor should concert theoffence with the person who commits it. It is sufficient if he engagesin the conspiracy in pursuance of which the offence is committed. Illustration A concerts with B a plan for poisoning Z. It is agreed that Ashall administer the poison. B then explains the plan to C mentioningthat a third person is to administer the poison, but withoutmentioning A's name. C agrees to procure the poison, and procures anddelivers it to B for the purpose of its being used in the mannerexplained. A administers the poison; Z dies in consequence. Here,though A and C have not conspired together, yet C has been engaged inthe conspiracy in pursuance of which Z has been murdered. C hastherefore committed the offence defined in this section and is liableto the punishment for murder.
