Abetment: A Person abets in doing of a thing by: First: “Instigating any person to do that thing” Second : “engaging with one or…
Abetment:
A Person abets
in doing of a thing by:
First:
“Instigating any person to do that thing”
“Instigating any person to do that thing”
Second
:
“engaging with one or more persons in
any conspiracy for doing of that thing, if an act or illegal omission takes
place in pursuance of that conspiracy
and in other to the doing of that thing,
:
“engaging with one or more persons in
any conspiracy for doing of that thing, if an act or illegal omission takes
place in pursuance of that conspiracy
and in other to the doing of that thing,
Third:
Intentionally aids, by any act or illegal ommission in doing of that thing.
Intentionally aids, by any act or illegal ommission in doing of that thing.
Explanation
:
A person who by willful misrepresentation or by willful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or
attempts to cause or procure a thing to be done is said to instigate the doing
of that thing.
:
A person who by willful misrepresentation or by willful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or
attempts to cause or procure a thing to be done is said to instigate the doing
of that thing.
For
eg.
eg.
“A” an officer
has warrants to arrest “Z” and B knows this fact. He also knows that “C” is not
“Z” but represents to “A” that “C” is “Z”. “A” arrests “C” here “B” is abetting
the arrest of “C”
has warrants to arrest “Z” and B knows this fact. He also knows that “C” is not
“Z” but represents to “A” that “C” is “Z”. “A” arrests “C” here “B” is abetting
the arrest of “C”
Explanation:
Whoever either prior to or at the time of commission of an Act, does anything
in order to facilitate the commission of that Fact and thereby Facilitates the
commission thereof is said to doing of that act.
Whoever either prior to or at the time of commission of an Act, does anything
in order to facilitate the commission of that Fact and thereby Facilitates the
commission thereof is said to doing of that act.
Abetment
by Instigation
by Instigation
Instigate means
incite, encourage or provoke a person to do an act. It may be direct or indirect,
verbal, written, hints or any other form of persuasion or encouragement.
incite, encourage or provoke a person to do an act. It may be direct or indirect,
verbal, written, hints or any other form of persuasion or encouragement.
For
eg.
eg.
“B” and “C”
are servants of “A”, carrying sticks in their hand, an argument occurs between
“A” and his neighbour “D” over the use of a passage. “A” gives order to “B” and
“C” to beat “D”. Here “A” is guilty of abetting the assault by “B” and “C”
are servants of “A”, carrying sticks in their hand, an argument occurs between
“A” and his neighbour “D” over the use of a passage. “A” gives order to “B” and
“C” to beat “D”. Here “A” is guilty of abetting the assault by “B” and “C”
Abetment
by Aid
by Aid
A Person abets
the doing of a thing who internationally aids by an act or illegal omission,
the doing of that thing.
the doing of a thing who internationally aids by an act or illegal omission,
the doing of that thing.
(i)
Assist
Assist
(ii)
Illegally omits to do what he is bound
to do.
Illegally omits to do what he is bound
to do.
(iii)
Doing any kind of act which
facilitates.
Doing any kind of act which
facilitates.
For the application of this
clause it is essential that the act abetted must be committed.
clause it is essential that the act abetted must be committed.
Note: Active Complicity is essential to hold a
person guilty under this section.
person guilty under this section.
For eg: (i)
“A” quarrelling with “B” in heat of movement said that he wanted a fatal weapon
in order to teach a lesson to “B”. “C” a bystander by handed over an iron rod
to “A”. “A” caused grievous hurt to “B”. Here in this case “C” had abetted the
wrong (Active Complicity)
“A” quarrelling with “B” in heat of movement said that he wanted a fatal weapon
in order to teach a lesson to “B”. “C” a bystander by handed over an iron rod
to “A”. “A” caused grievous hurt to “B”. Here in this case “C” had abetted the
wrong (Active Complicity)
(ii) “A” a
servant kept a door open to facilitate “B” to enter in house to do theft. “A”
did not abet the wrong.
servant kept a door open to facilitate “B” to enter in house to do theft. “A”
did not abet the wrong.
Ø Abetment
by illegal omission
by illegal omission
Illegal
omission implies breach of legal obligation /duty
omission implies breach of legal obligation /duty
Ø If
a person deliberately refrains himself from doing an act that he is required to
do then he will be liable for abetment by illegal omission
a person deliberately refrains himself from doing an act that he is required to
do then he will be liable for abetment by illegal omission
For
eg: “A” a constable knows that “B” and “C” are
going to torture a prisoner and does not take up the matter
eg: “A” a constable knows that “B” and “C” are
going to torture a prisoner and does not take up the matter
It is a wrong.
Constable has a legal duty to inform wheras a stranger does not owe any such
duty.
Constable has a legal duty to inform wheras a stranger does not owe any such
duty.
Practice exercise:
1.
Under IPC, abetment is constituted
Under IPC, abetment is constituted
A.
By instigating any person to commit an offence
By instigating any person to commit an offence
B.
By engaging in conspiracy to commit an offence
By engaging in conspiracy to commit an offence
C.
By intentionally aiding a person in committing an offence
By intentionally aiding a person in committing an offence
D.
All of the above
All of the above
Ans:
D
D
2.
“A” an officer has warrants to arrest “Z” and B knows this fact. He also knows
that “C” is not “Z” but represents to “A” that “C” is “Z”. “A” arrests “C”. Has
B abetted the arrest in this case?
“A” an officer has warrants to arrest “Z” and B knows this fact. He also knows
that “C” is not “Z” but represents to “A” that “C” is “Z”. “A” arrests “C”. Has
B abetted the arrest in this case?
A.
Yes
Yes
B.
No
No
Ans:
A
A
3.
Instigate means
Instigate means
A.
Incite a person to do an act
Incite a person to do an act
B.
Encourage a person to do an act
Encourage a person to do an act
C.
Provoke a person to do an act
Provoke a person to do an act
D.
All of the above
All of the above
Ans:
D
D
4.
Incitement has to be written
Incitement has to be written
A.
True
True
B.
False
False
Ans:
B
B
5.
“B” and “C” are servants of “A”, carrying sticks in their hand, an argument
occurs between “A” and his neighbour “D” over the use of a passage. “A” gives
order to “B” and “C” to beat “D”. Will “A” be held guilty of abetting “B” and
“C”
“B” and “C” are servants of “A”, carrying sticks in their hand, an argument
occurs between “A” and his neighbour “D” over the use of a passage. “A” gives
order to “B” and “C” to beat “D”. Will “A” be held guilty of abetting “B” and
“C”
A.
Yes
Yes
B.
No
No
Ans:
A
A
6.
“A” quarrelling with “B” in heat of movement said that he wanted a fatal weapon
in order to teach a lesson to “B”. “C” a bystander by handed over an iron rod
to “A”. “A” caused grievous hurt to “B”. Has “C” abetted the wrong in this
case?
“A” quarrelling with “B” in heat of movement said that he wanted a fatal weapon
in order to teach a lesson to “B”. “C” a bystander by handed over an iron rod
to “A”. “A” caused grievous hurt to “B”. Has “C” abetted the wrong in this
case?
A.
Yes
Yes
B.
No
No
Ans:
A
A
7. If in the previous question “A” throws the
rod and decides to talk and settle the differences. Will “C” he held liable?
rod and decides to talk and settle the differences. Will “C” he held liable?
A.
Yes
Yes
B.
No
No
Ans:
B
B
8.
“A” a constable knows that “B” and “C” are going to torture a prisoner and does
not take up the matter. Will he be held liable?
“A” a constable knows that “B” and “C” are going to torture a prisoner and does
not take up the matter. Will he be held liable?
A.
Yes
Yes
B.
No
No
Ans:
A
A
9.
If a person deliberately refrains himself from doing an act that he is required
to do, then he will not be liable for abetment by illegal omission
If a person deliberately refrains himself from doing an act that he is required
to do, then he will not be liable for abetment by illegal omission
A.
True
True
B.
False
False
Ans:
B
B
10.
“A” a servant kept a door open to facilitate “B” to enter in house to do theft.
Will A be held liable?
“A” a servant kept a door open to facilitate “B” to enter in house to do theft.
Will A be held liable?
A.
No
No
B.
Yes
Yes
Ans: A
