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abetment

English · a-BET-ment · Criminal law

Meaning. Instigating, conspiring in, or intentionally aiding the commission of an offence.

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

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