abetment
A person abets the doing of a thing when he (1) instigates someone to do it, (2) engages in a conspiracy with others for doing it, where some act or illegal omission takes place in pursuance of it, or (3) intentionally aids its doing by an act or illegal omission. The person who abets is the abettor.
Abetment is a separate offence: the abettor can be punished even if the act abetted is not committed, or if the person abetted is not liable (for instance, a child). Mere presence, or advice without intent, is not instigation. Abetment by conspiracy needs an act in pursuance; criminal conspiracy under s.61 BNS does not always need one. Abetment of suicide is a common exam topic.
Example
By repeatedly urging his friend to set fire to the shop and handing him the kerosene, A committed abetment by instigation and by aid under s.45 BNS.
In Indian law
- Section 45, Bharatiya Nyaya Sanhita, 2023 (old s.107 IPC): abetment of a thing
- Section 49, Bharatiya Nyaya Sanhita, 2023 (old s.109 IPC): punishment where act abetted is committed
- Section 108, Bharatiya Nyaya Sanhita, 2023 (old s.306 IPC): abetment of suicide
See also
criminal conspiracy · common intention · attempt · accomplice
Read more in the study notes
- Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)
- Trial of warrant-cases and summons-cases by Magistrates, and summary trials (Bharatiya Nagarik Suraksha Sanhita)
- Jurisdiction in inquiries and trials, evidence, and general provisions as to inquiries and trials (Bharatiya Nagarik Suraksha Sanhita)
- Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
- Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
- From the IPC to the BNS: background, extent and key reforms (Bharatiya Nyaya Sanhita)