Date: 12 April, 2021
by Nishtha Girdhar, UILS, Panjab University
In Corpus Juris Secundum, the term “abet” has been defined as “to aid, to assist or to give aid; to command, to procure, or to counsel; to countenance; to encourage, counsel, induce, or assist, to encourage or to set another on to commit.”
The term “abetment” in criminal law thus indicates that there is a distinction between the person abetting the commission of an offence (or abettor) and the perpetrator of the offence or the principal offender.
ABETMENT UNDER THE IPC
Under the IPC, 1860, abetment is constituted by:
Instigating a person to commit an offence; or
Engaging in a conspiracy to commit it; or
Intentionally aiding a person to commit it.
The essence of abetment is the active and intentional assistance of a person to the perpetrator of an offence. It is imperative to note that the offence of abetment by instigation relies on the intention of the individual who abets and not upon the act which is finished by the individual who has abetted.
1.ABETMENT OF A THING: SECTION 107