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Section 107 - Abetment of a thing

Bailabel Type : bailable

Description

"A person abets the doing of a thing, who—

  1. Instigates any person to do that thing; or
  2. Engages with one or more other persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy; or
  3. Intentionally aids, by any act or illegal omission, the doing of that thing."

What is Abetment?

  • Abetment means encouraging, helping, or provoking someone to commit a crime.
  • A person who does not directly commit the crime but helps or influences someone to do it can still be punished under this section.

 Key Elements of Abetment (Section 107 IPC)

?? 1. Instigation:

  • If a person provokes, encourages, or forces someone to commit a crime, they are guilty of abetment.
  • Example: A friend convinces another to commit suicide, and the person follows through—this is abetment of suicide.

?? 2. Conspiracy :

  • If two or more people plan a crime together, and at least one of them takes action towards committing the crime, it is abetment.
  • Example: Two people plan a bank robbery, and one of them buys a gun—even if the robbery is not carried out, it is abetment.

?? 3. Intentional Aiding:

  • If a person helps in committing a crime by doing or not doing something, they are guilty of abetment.
  • Example: A guard intentionally leaves a bank’s gate open to help robbers enter.

Punishment

Punishment for Abetment (Under Sections 108–120 IPC)

Type of Crime AbettedPunishmentIPC SectionBailable or Non-Bailable?
Abetment of an offense punishable with death or life imprisonmentSame as the main offenseSection 109 IPCNon-Bailable
Abetment of an offense punishable with imprisonmentSame punishment as the main offenseSection 109 IPCBailable/Non-Bailable (depends on main offense)
Abetment with no actual offense committedUp to 7 years imprisonment or fine, or bothSection 116 IPCBailable
Abetment of Suicide (if victim is above 18 years)Up to 10 years imprisonment and fineSection 306 IPCNon-Bailable
Abetment of Suicide of a Minor or Mentally Ill PersonDeath penalty or life imprisonmentSection 305 IPCNon-Bailable

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