Section Overview
Section Number:
IPC Section 107
Section Title:
Abetment of a Thing
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under the Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 107 applies whenever a person encourages, assists, provokes, facilitates, or conspires with another person to commit an offence or illegal act.
The section is one of the most important provisions in criminal law because many crimes are committed with the involvement of multiple individuals. Even if a person does not directly commit the offence, they may still be held criminally liable if their conduct amounts to abetment under Section 107.
Original Law Text
"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 of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures a thing to be done, is said to instigate the doing of that thing.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 107 batata hai ki kisi crime ko directly karna hi zaroori nahi hai criminal liability ke liye.
Agar koi vyakti:
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Kisi ko crime karne ke liye uksata hai,
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Crime ki planning mein shamil hota hai,
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Ya crime karne mein help karta hai,
to wo bhi law ke nazar mein responsible ho sakta hai.
Isko "abetment" kaha jata hai.
Simple words mein:
"Jo vyakti crime karne ke liye encourage, assist ya facilitate karta hai, wo abettor kehlata hai."
For example:
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Kisi ko murder karne ke liye provoke karna.
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Robbery ki planning mein participate karna.
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Weapon provide karna knowing that it will be used for a crime.
Ye sab Section 107 ke scope mein aa sakta hai.
Legal Definition (Original Law Text)
Section 107 recognizes three forms of abetment:
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Instigation
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Conspiracy
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Intentional Aid
A person may become criminally liable through any one of these methods.
Practical Interpretation
Courts generally examine three questions:
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Kya accused ne kisi ko instigate kiya?
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Kya accused conspiracy mein involve tha?
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Kya accused ne intentionally aid provide kiya?
Mere presence at the scene is usually not sufficient.
Similarly, casual advice or ordinary conversation may not amount to abetment unless criminal intention is proved.
The prosecution must establish:
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Mens rea (criminal intention),
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Participation,
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Connection between the accused and the principal offence.
Essential Ingredients of Abetment
To establish abetment under Section 107, one of the following must exist:
Instigation
The accused actively provokes, encourages, incites, or urges another person to commit an act.
Conspiracy
The accused joins a conspiracy and some act or omission takes place in furtherance of the plan.
Intentional Aid
The accused intentionally assists the commission of an offence.
Why IPC Section 107 Was Introduced?
The legislature recognized that crimes are often committed through group efforts.
Without Section 107:
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Masterminds could escape punishment.
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Organizers could avoid liability.
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Facilitators could claim innocence.
The provision therefore ensures accountability for all persons involved in criminal conduct.
Relationship with IPC Sections 108–120
Section 107 defines abetment.
Section 108 defines abettor.
Sections 109–120 provide punishment and special rules regarding abetment.
Therefore, Section 107 serves as the foundation for all abetment-related offences under the IPC.
Punishment & Legal Classification
Punishment
IPC Section 107 itself does not prescribe punishment.
Punishment is generally provided under Sections 109 to 120 IPC depending on:
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Nature of the offence,
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Degree of participation,
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Whether the offence was committed.
Bailable / Non-Bailable
Depends upon the principal offence involved.
Cognizable / Non-Cognizable
Depends upon the principal offence.
Compoundable
Depends upon the offence abetted.
Triable By
Depends upon the offence involved and the relevant punishment provision.
IPC ↔ BNS Mapping
IPC Section
IPC Section 107
BNS Equivalent
The Bharatiya Nyaya Sanhita, 2023 continues the concept of abetment and retains similar principles relating to instigation, conspiracy, and intentional aid.
Status
IPC repealed and replaced by BNS.
However, the substantive concept of abetment continues under the new criminal law framework.
Real-Life Examples
Example 1: Instigation
A repeatedly encourages B to assault C.
Influenced by A's encouragement, B commits the assault.
A may be liable as an abettor.
Example 2: Conspiracy
Three individuals plan a burglary.
One person purchases tools while another surveys the location.
The planning and subsequent actions may constitute abetment through conspiracy.
Example 3: Intentional Aid
A knowingly supplies a weapon to B for committing murder.
Although A does not personally attack the victim, he may be liable for intentional aid.
Landmark Judgments
Case Name:
Jamuna Singh v. State of Bihar
Court:
Supreme Court of India
Key Takeaway:
The Court clarified that abetment requires active complicity, encouragement, or participation in the commission of the offence.
Case Name:
Chitresh Kumar Chopra v. State (NCT of Delhi)
Court:
Supreme Court of India
Key Takeaway:
The Court explained the meaning of instigation and held that there must be active encouragement or incitement.
Case Name:
Ramesh Kumar v. State of Chhattisgarh
Court:
Supreme Court of India
Key Takeaway:
The Court discussed the requirements of instigation and emphasized that intention is an essential element of abetment.
Legal Insights
When Is This Section Applied?
Section 107 is commonly applied when:
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A person encourages another to commit a crime.
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Criminal conspiracies are investigated.
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Assistance is provided for illegal acts.
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Abetment of suicide is alleged.
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Organized criminal activities are examined.
Common Misuse Scenarios
Mere Presence
Being present at a crime scene does not automatically amount to abetment.
Ordinary Advice
Casual comments without criminal intent generally do not constitute instigation.
Lack of Intent
Criminal liability requires intentional participation.
False Allegations in Personal Disputes
Abetment allegations are sometimes misused in family or business disputes without sufficient evidence.
Defenses Available
Absence of Mens Rea
The accused may argue lack of criminal intention.
No Instigation
No active encouragement or provocation occurred.
No Conspiracy
No agreement existed to commit an unlawful act.
No Intentional Aid
The accused's actions were innocent and unrelated to the offence.
Lack of Evidence
The prosecution failed to establish participation beyond reasonable doubt.