IPC 107 Abetment of a thing

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INDIAN PENAL CODE,1860

SECTION 107 ABETMENT OF A THING

Under section 107 of Indian Penal Code,1860, a person abets the doing of a thing, who- First-Instigates a person to do a thing; or Secondly-Engages with one or more 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 particular 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 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. 2.Any person who either prior to or at the time of commission of that act and thereby facilitates the commission thereof, is said to aid the doing of that act.[1]

It is covered under CHAPTER V of INDIAN PENAL CODE,1860 which contains ABETMENT.

CASE LAW

Supreme Court of India

Shri Ram and another vs The State of Uttar Pradesh on 6 November, 1974

Three brothers Sia Ram, Shri Ram and Ram Chandra; a woman by the name of Violet; and her son Ramesh were tried. In this case it was held that in order to constitute abetment, the person abetting must have intentionally aided to commission of crime. Mere proof that the crime charged could not have been committed without the interposition of the person alleged of abetting is not enough compliance of section 107 of I.P.C.A person may for example invite another casually or for a friendly purpose and that may facilitate the murder of invitee. But unless the invitation was extended with the intention of facilitating murder, the person inviting cannot be said to have abetted the murder. It is not enough that an act on the part of alleged person happens to facilitate the commission of crime. Intentional aiding and active complicity is the gist of the offence of abetment under the third paragraph of section 107.

Appeal of Sia Ram was dismissed and his conviction was confirmed. Appeals of Violet and Shri Ram were allowed and they were acquitted. These two were set at liberty.indiankanoon.org/doc/1352483/

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  1. indiankanoon.org