Dec 30, 2017
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What is Abetment?

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Abetment

Abetment means the act of approving, encouraging or supporting a person.  A person abets the doing of a thing, who:

  • encourages any person to do that thing;

A person who willfully misrepresent or conceal the material facts and also voluntarily causes a completion of thing, said to encourage in doing that thing.

  • participate with one or more other persons in any conspiracy for doing that thing; or
  • Intentional act or illegal omission which aids doing that thing.

Abettor

The person capable by law of committing an offence with the same intention, encourages the commission of an offence or also an act which amounts to offence, known as abettor.

Abetment in India of offences outside India

A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Punishment of abetment

If the act abetted is committed in consequence and where no express provision made for its punishment:

The abettor punished for provided offence. If the act abetted is committed as abetment, and no express provision made by this Code for the punishment.

Punishment of abetment if person abetted does act with different intention from that of abettor:

Whoever abets the commission of an offence shall also punished with the punishment provided. If the person abetted does the act with a different intention or knowledge from that of the abettor.

Types of abetment

Following are the types :
  1. Conspiracy– The person who conspires with two or more persons of doing illegal act or omission which results into offence.  Its abetment by Conspiracy.
  2. Aiding – If a person is helping the other person to commit an offence or to help the offender in commission of crime. Its Abetment by Aiding.
  3. Instigation – Provoking a person to do an offence is Abetment by instigation. Words and also gestures used for instigating a person.
There are still many sub-heads and divisions for the offence of abetment. It also deals in another post.

 

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