Abetment

Abetment is defined under Section 107 of the Indian Penal Code, 1860. A person abets the doing of a thing when they: 1. Instigate any person to do that thing (First form) 2. Engage with one or more persons in a conspiracy to do that thing (Second form) 3. Intentionally aid, by any act or illegal omission, the doing of that thing (Third form)

Instigation means actively suggesting, stimulating, or encouraging another to commit a crime. Mere passive presence is not instigation. Conspiracy as abetment requires both agreement AND an act done in pursuance of the conspiracy. Aiding requires intentional assistance; negligent assistance may not constitute abetment.

Punishment for abetment (Sections 109-117): - If offence is committed: Same as principal offender - If offence is not committed (abetment punishable): Up to one-fourth of maximum punishment for offence - Abetment of suicide: Up to 10 years and fine (Section 306 IPC)

The abettor need not be present when the offence is committed. An abettor may even be prosecuted before the person abetted is prosecuted or convicted. Each abettor is liable for every act caused by the abetment that was a probable consequence.