Bailabel Type : bailable

Description

Description of Section 108:

This section defines an abettor as a person who instigates, aids, or conspires to commit an offense. The law ensures that even if someone does not directly commit a crime, they can be punished for encouraging or helping in its commission.

• Instigation: If a person provokes, encourages, or pressures someone to commit a crime, they are guilty of abetment.
• Conspiracy: If two or more people plan a crime, but only one commits it, the others are still guilty of abetment.
• Aiding a Crime: If a person helps another by providing weapons, shelter, or financial assistance for a crime, they are guilty of abetment.

Key Points to Understand in Section 108:

?? Crime Need Not Be Committed: A person can be punished for abetment even if the crime is not carried out.

?? Incapacitated Offender: If an abettor convinces a minor (below 7 years) or a mentally ill person to commit a crime, the abettor is still responsible.

?? Indirect Abetment: If a person instigates another person to instigate a third person, they are still guilty.

Punishment

Punishment Under Section 108:

Section 108 defines an abettor but does not prescribe a specific punishment. Punishment depends on the offense being abetted:

• Abetment of a crime punishable with death or life imprisonment: ?? Same punishment as the main offense.
• Abetment of a crime punishable with imprisonment: ?? Same punishment as the main offense.
• Abetment where no crime is actually committed: ?? Up to 7 years imprisonment or fine.
• Abetment of suicide (victim is an adult): ?? Up to 10 years imprisonment and fine.
• Abetment of suicide (victim is a minor or mentally ill person): ?? Death penalty or life imprisonment.