Section 108 IPC: Abettor in India

1. State the Code:

Section 108 of the Indian Penal Code (IPC) defines the offense of “abetment by instigation.” This section outlines the legal framework for understanding and prosecuting individuals who instigate or encourage others to commit crimes.

2. Explanation:

Section 108 IPC states that whoever, intending to cause, or knowing that he is likely to cause, by his instigation, any person to do a thing which is an offense against this Code, instigates that person to do that thing, is an abettor of the offense.

• Instigation: This refers to the act of provoking, urging, or encouraging another person to commit a crime. It involves a deliberate and active role in influencing the other person’s decision.
• Intending to cause or knowing it is likely to cause: The abettor must have the intention or knowledge that their instigation will lead to the commission of the offense.
• Offense against this Code: The act instigated must be an offense defined under the Indian Penal Code.
• Abettor: The person who instigates the crime is considered an abettor.

3. Illustration:

Consider a scenario where person A convinces person B to steal a car. Person A tells person B that the car is not valuable and encourages them to take it. Person B, influenced by A’s instigation, steals the car. In this case, Person A would be considered an abettor under Section 108 IPC because they instigated the crime of theft.

4. Common Questions and Answers:

Q: What is the difference between abetment and conspiracy?
A: While both involve encouraging or aiding in the commission of a crime, abetment typically focuses on instigating a specific act, while conspiracy involves a more collaborative and planned effort to commit a crime.

Q: Can mere words constitute abetment?
A: Yes, if the words are intended to instigate the commission of an offense and are likely to cause the person to commit the offense, they can constitute abetment.

Q: What is the punishment for abetment?
A: The punishment for abetment is generally the same as the punishment for the offense that was abetted. The severity of the punishment depends on the nature of the offense.