Abetment of Offences Outside India: 108A IPC Explained

1. State the Code

Section 108A of the Indian Penal Code (IPC) deals with abetment of offences committed outside India.

2. Explanation

This section criminalizes the abetment of offences committed outside India, if:

• The offence is punishable under Indian law.
• The abetment takes place within India.

In essence, if an individual in India encourages or aids someone to commit an offence in another country, and that offence is punishable under Indian law, they can be held liable under Section 108A.

3. Illustration

Consider a scenario where a person in India, through online communication, provides instructions to a person in another country on how to hack into a government website in India. The hacking act is an offence under Indian law, and the abetment took place in India. In this case, the person in India could be held liable under Section 108A.

4. Common Questions & Answers

Q: What if the offence is not punishable under Indian law?

A: If the offence is not punishable under Indian law, then Section 108A will not apply.

Q: What if the abetment took place outside India?

A: If the abetment took place outside India, then Section 108A will not apply.

Q: What is the punishment for abetment under this section?

A: The punishment for abetment under Section 108A is the same as the punishment for the offence abetted.