57
CAP. 224
Penal Code
2008 Ed.
CHAPTER V
ABETMENT
Abetment of the doing of a thing
107. A person abets the doing of a thing who —
(a) instigates any person to do that thing;
(b) 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
(c) intentionally aids, by any act or illegal omission, the doing of
that thing.
Explanation 1.—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 authorised by a warrant from a court of justice to
apprehend Z. B, knowing that fact and also that C is not Z, wilfully 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.
[Indian PC 1860, s. 107]
Abettor
108. 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 by 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 do that act.
Explanation 2.—To constitute the offence of abetment, it is not necessary that
the act abetted should be committed, or that the effect requisite to constitute the
offence should be caused.
Informal Consolidation – version in force from 1/4/2015
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