Abatement – Concept

INTRODUCTION

A crime may be committed by one or more persons involved in crime then their liability depends
upon the extent of their participation. Thus this rule of joint liability comes into existence. But
there is an important fact which is that the law has a knowledge about the abettor, who has given
help to another in crime. This rule is very ancient and was applied in Hindu Law also. In English
Law, criminals are divided in four categories, but in India there is only one distinction between
the doer and his helper who is known as abettor. The crime of abetment come under section 107
to 120 of the IPC. Section 107 defines ‘abetment of a things’ and section l08 defines about the
abettor.

SECTION 107 IPC ‘ABETMENT OF THING’:

A person abets the doing of a thing by instigation:-

1. Instigate any person to do that things

2. By conspiracy.

3. By aids.

BY INSTIGATION ANY PERSON TO DO THAT THINGS:- According to the first clause

of section 107 a person abets of thing that instigates any person to do that thing. A person is said
to instigate another when he incites, urges, encourages, provokes, counsels, procures or
command him to do something.

EXPLANATION :- A person who by wilful misrepresentations or by wilful concealment of a

material fact, which he is bound to disclose, voluntary causes or procures or attempts to cause or
procures a thing to be done, is said to instigate the doing of that things.

ILLUSTRATION:-
A Police 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.

Case: Gurbachan Singh v. Sat Pal Singh, AIR- 1990

A newly wedded girl died of burns. The father of deceased had stated in FIR that the
deceased committed suicide because of harassment and constant taunt for insufficient
dowry. It was held by the SC that the deceased had committed suicide at the instigation
of her husband and in laws and it was not a case of accidental death.

2. ABETMENT BY CONSPIRACY

The second clause of this section states that a person abets the doing of a thing who engages with
one or more other persons in conspiracy for the doing of that thing. If an act or illegal omission
takes place in pursuance of that conspiracy and in order to doing of that thing then it is called
abetment by conspiracy. If an act or illegal omission takes place in prurience of that conspiracy.

ILLUSTRATION:-

A concerts with B a plans 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 deliver it to B for the purpose
explained ‘A’ administers the poison and Z dies. Here A and C have not conspired together, yet
C has therefore committed the offence and is liable for punishment.

A case : Rup Devi v. State : 1955.

The deceased & his wife had strained relationship. The wife had illicit intimacy with the
accused. The deceased was scheduled to go to ‘Sadhu” on a particular day. The wife told the
accused about this programme even though she knew that the accused was waiting for the
opportunity to kill her husband and taking the opportunity he killed him. It was held that the
wife was not guilty of abetment by conspiracy, even though her conduct was open to censure.

3. ABETMENT BY AIDING:
The third clause of the section says that,” A person abets the doing of thing who intentionally
aids by any act in the illegal omission of the doing of that thing.

EXPLANATION :- 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 thereby facilitates the commission
thereof, is said to aid the doing of that act.

ILLUSTRATION:- If the servant keeps the gate open of the master’s house so that thrives may
enter and thieves do not come, he cannot be held to have abetted the commission of theft.

Case law: Ram Kumar v. State of H.P. 1995. The 19 years old prosecutrix was taken to the
police station by the accused that kept watch over her husband while she was raped by the co-
accused. In this custodial rape the accused turned deaf ears towards the cries of the prosecutrix
and did nothing to help her. The SC implied abetment of the accused for abetment of rape.

SECTION 108 OF IPC: ABETTOR:

A person can become an abettor in two ways:-

1. When he abates the commission of an offence: Example: Where he abets ‘B’ to commit
murder of ‘Z’. Here A is an abettor.

2. When he abets the commission of an offence it is committed by a person capable by law to

commit an offence with the same intention or knowledge as that of the abettor.

Example: “A” abets B, a five year old child, to commit murder of Z, he is still an abettor under
the 2nd category because even though the child will not be guilty of anything by virtue of the
protection given to him by section 82 of the IPC.

To define the abettor the explanation must be read as:-

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.

ILLUSTRATION:- ‘A’ instigates B to murder C. B refuses to do so. A is guilty of abetting B to

commit murder.
Explanation 2:- To constitute the offence of abetment it is not necessary that the particular act
of abettor should be committed.

ILLUSTRATION:- ‘A’ instigates B to Murder D. B in pursuance of the instigation stabs D. D

recovers from wound. A is guilty of instigation B to commit murder.

Explanation 3:- It is not necessary that the abettor & the person abetted must have same guilty
intention or knowledge.

ILLUSTRATION:- ‘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 lof committing an offence and
having the same intention as A. Here A, whether the act be committed or not is guilty of
abetting an offence.

EXPLANATION 4:-The abetment of an offence being an offence the abetment of such an

abetment is also an offence.

ILLUSTRATION:- ‘ A ‘ instigates B to instigate C to murder Z. B accordingly instigates C to

murder Z and C commits that offence in consequences of B’s instigation. B is liable to be
punished for his offence with the punishment for murder and as A instigated B to committed the
offence. A is liable to the same punishment.

EXPLANATION NO 5;-It is not necessary to the commission of the offence of abetment by

conspiracy that the abettor should bi concert the offence with the person who commits it. It is
sufficient if he engages in the conspiracy.

ILLUSTRATION : ‘ A’ concerts with B a plan of 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 & deliver
lit to B the purpose of its being used in the matter explained. ‘A” administers the poison, Z dies
in consequence, Here though A and C did not conspired together, Yet C has been engaged in the
conspiracy in pursuance of which Z had been murdered. C has therefore committed the offence
defined in the section and is liable to the punishment of murder.