section 107 indian penal code

CHAPTER  V OF ABETMENT

INDIAN PENAL CODE

Section 107: Abetment Of A Thing

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 the 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 of 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, 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.

COMMENTS

Abetment is an act of encouraging, inciting or aiding another. One can incite by any means of language, direct or indirect, whether it takes the form of express solicitation or insinuation.

To `instigate’ another person to commit a crime, to goad or urge forward or to provoke or encourage the doing of an act. What acts would amount to instigation or incitement will depend upon the particular facts of each case–State of Bihar v. Ranen Nath Roy Chowdhary, AIR 1958 Pat. 259

Where a woman goaded her daughter-in-law to commit suicide by her cruel conduct, it was held that she was guilty of abetment of suicide by instigation within the meaning of s. 107 IPC.–Pratima Dutt, 1977 Cri LJ NOC 96 (Cal)

Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means.It is an indictable offence at common law.

The gist of the third paragraph of this section is the active complicity. Aiding and abetting almost inevitably involves a situation in which the secondary party and the main offender are together at some stage discussing the plans which they may be making in respect of the alleged offence, and are in contact so that each knows what is passing through the mind of the other.