Sections 107 to 120 in Chapter V of IPC describes about the Abetment.
Section 107 :- Abetment of a thing
A person abets the doing of a thing, who
FIRST- Instigates any person to do that thing or SECONDLY- Engages with
one or more other person or persons in any conspiracy for the doing of
that thing, if an act or illegal omission takes place in pursuance of
that conspiracy, and in order to the doing of that thing; or THIRDLY -
Intentionally aids, by any act or illegal omission, the doing that
thing.
Section 108 - Abettor
A person abets an offence, who abets either
the commission of an offence, or the commission of an act which would
be an offence, if committed by a person capable by law of committing an
offence with the same intention or knowledge as that of abettor.
Section 108A;- Abetment in India of offences outside India
A person abets an offence within the
meaning of this code who, in India, abets the commission of any act
without and beyond India which would constitute an offence if committed
in India.
Section 109:- Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment.
Whoever abets any offence shall, if the act
abetted is committed in consequence of the abetment, and no express
provision is made by this code for the punishment of such abetment, be
punished with the punishment provided for the offence.
Punishment - Same as for offence abetted. - Triable by court by which offence abetted is triable -
Non-compoundable.
Section 110 ;- Punishment of abetment if person abetted does act with different intention from that of abettor.
Whoever abets the commission of an offence
shall, if the person abetted does the act with a different intention or
knowledge from that of the abettor, be punished with the punishment
provided for the offence whichwould hacve been committed if the act had
been done with the intention or knowledge of the abettor and with no
other.
Punishment - Same as for offence abetted.
Section 111 :- Liability of abettor when one act abetted and different act done.
When an act is abetted and a different act is
done, the abettor is liable for the act done, in the same manner and to
the same extent as if he has directly abetted it: Provided the act was a
probable consequence of the abetment, and was committed under the
influence of the instigation, or with the aid or in pursuance of the
conspiracy which constituted the abetment.
Punishment :- Same as for offence intended to be abetted
Section 112 :- Abettor when liable to cumulative punishment for act abetted and for act done.
If the act for which the abettor is liable
under the last preceding section is committed in addition to the act
abetted, and constitutes a distinct offence, the abettor is liable to
punishment for each of the offences.
Section 113 :- Liability of abettor for an effect caused by the act abetted different from that intented by the abettor.
Punishment - Same as for offence committed.
Section 114 :- Abettor present when offence is committed.
Punishment - Same as for offence committed.
Section 115 :- Abetment of offence punishable with death or imprisonment for life - If offence is not committed.
Punishment :- Imprisonment for 7 years and fine.
If any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is
done, the abettor shall be liable to imprisonment of either description
for a term which may extend to fourteen years, and shall also be liable
to fine.
Section 116 :- Abetment of offence punishable with imprisonment - if offence be not committed.
Section 117 :- Abetting commission of offence by the public or by more than ten persons.
Punishment:- Imprisonment for 3 years,or fine or both.
Section 118 :- Concealing design to commit offence punishable with death or imprisonment for life.
Punishment:-
If offence be committed, if offence be not committed - shall, if that
offence be committed, be punished with imprisonment of either
description for a term which may extend to seven years, or, if the
offence be not committed, with imprisonment of either description, for a
term which may extend to three years; and in either case shall also be
liable to fine.
Section 119:- Public servant concealing design to commit offence which it is his duty to prevent.
Punishment:-
If offence committed - Imprisonment extending
to half of the longest term provided for the offence, or fine, or both.
If offence be punishable with death or imprisonment for life - Imprisonment for
10 years.
If offence be not committed - Imprisonment
extending to a quarter part of the longest term provided for the
offence, or fine, or both.
Section 120 :- Concealing design to commit offence punishable with imprisonment.
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Previous Cases:-
1. M/s. Amirthalakshmi Machine Works Vs The Commissioner of Customs on 29 January 2016.
Showing the contexts in which cases on abetment appears in the document.
"Only where the show cause notice makes out a case under
Section 112(a) of the Act read with Section 135 of the Act then alone
on application of Section 140 of the Act simultaneous penalties are
imposable upon the firm and its managing partners"
2. Muthammal And Others Vs.Maruthathal on 13th March 1981.
With reference to the facts, particularly in a case of
this type, we have to consider what is an abetment. The definition of
abetment in Section 107 I.P.C. includes not merely instigation, which is
the normal form of abetment but also conspiracy and aiding, and those
three forms of abetment are dealt with, in the proviso to Section 111
I.P.C.
