In criminal law, the concept of “abetment” refers to the act of encouraging, assisting, or facilitating the commission of a crime by someone else. Abetment theories are legal frameworks used to analyze and establish the liability of individuals who are not the primary perpetrators of a crime but are involved in aiding or encouraging it. Different jurisdictions may have variations in the precise elements and definitions of abetment, but generally, there are several theories or forms of abetment recognized in criminal law:
MEANS OF ABETMENT
- Instigation: Instigation involves actively encouraging or persuading another person to commit a crime. This can include verbal or written encouragement, threats, or any other means of influencing someone to commit an offense. To prove instigation, it is typically necessary to demonstrate that the accused person intentionally pushed or motivated the perpetrator to commit the crime.
- Conspiracy: Conspiracy is an agreement or plan between two or more people to commit a crime. While conspiracy itself is a separate offense, it is often closely related to abetment because conspirators are considered to be aiding and abetting each other in the commission of the planned crime. In a conspiracy, the agreement itself is the criminal act, and any overt act taken in furtherance of the conspiracy can be considered abetment.
- Aid and Assistance: This theory involves providing direct assistance or aid to the primary offender in the commission of a crime. It can include actions such as providing weapons, transportation, or any other support that facilitates the commission of the crime. To establish liability under this theory, it must be demonstrated that the accused intentionally provided assistance with knowledge of the criminal intent.
- Criminal Facilitation: Criminal facilitation is a theory that encompasses a broader range of assistance that makes it easier for a crime to occur, even if the aider does not necessarily know the specifics of the crime. It may involve actions that are less direct than providing a weapon or actively instigating a crime. Liability is generally based on the knowledge that one’s actions will make the commission of the crime more likely or easier.
- Accessory After the Fact: An accessory after the fact is someone who, after a crime has been committed, knowingly harbors, conceals, or assists the primary offender in avoiding arrest, trial, or punishment. This theory does not directly involve aiding and abetting in the commission of the crime but pertains to post-crime conduct.
- Withdrawal or Renunciation: In some jurisdictions, individuals who initially participated in abetment but later withdrew their support or renounced their involvement may have a defense against charges of abetment. To successfully claim withdrawal or renunciation, the accused must demonstrate that they took affirmative steps to prevent the crime from occurring.
These abetment theories help legal systems hold individuals accountable for their involvement in criminal activities, whether they actively encouraged, conspired, provided assistance, or engaged in other actions that facilitated a crime. The specific elements and requirements for proving abetment may vary by jurisdiction, so it is important to consult the relevant criminal laws and case precedents in a particular jurisdiction for precise details.
In the context of Indian law, “abetment” refers to the act of encouraging, assisting, or facilitating the commission of a crime by someone else. The term “abetment” is used under the Indian Penal Code (IPC) to describe various situations where a person can be held criminally liable for their involvement in a crime, even if they did not directly commit the crime themselves.
The relevant sections of the IPC that deal with abetment are primarily Sections 107 to 120. These sections define and establish the concept of abetment and lay down the conditions under which a person can be charged with abetment. Here are some key sections related to abetment in the IPC:
- Section 107: This section defines abetment and states that a person abets the doing of a thing when he: a) Instigates any person to do that thing, or
b) Engages with one or more persons in a conspiracy to do 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
c) Intentionally aids, by any act or illegal omission, the doing of that thing. - Section 108: This section explains what constitutes an abettor. An abettor is a person who abets the commission of an offense and may be charged and punished accordingly.
- Section 109: This section deals with the punishment of abetment. It states that if the act abetted is committed in consequence of the abetment and is an offense, the abettor will be punished with the punishment provided for that offense.
- Sections 114 and 115: These sections deal with the presumption that abetment takes place if the person who abetted the offense was present when the offense was committed, and the offense was a likely consequence of the abetment.
- Section 116: This section deals with the abetment of an offense punishable with imprisonment. It specifies that if a person abets an offense punishable with imprisonment and the offense is not committed in consequence of the abetment, the abettor can still be punished with imprisonment for a term which may extend to one-fourth of the longest term of imprisonment provided for the offense.
- Section 118: This section discusses the offense of concealing the design to commit an offense. It states that if a person knows that an offense is being planned and intentionally conceals the plan, he may be punished under this section.
It’s important to note that abetment is a distinct offense under the IPC, and individuals who aid, instigate, or conspire to commit a crime can be held criminally liable for their actions. The specific elements and consequences of abetment may vary depending on the particular offense being abetted.
ABETTOR
An “abettor,” also spelled as “abetter,” is a legal term used in criminal law to refer to a person who aids, assists, or encourages another individual in the commission of a crime. An abettor is someone who is not the primary perpetrator of the crime but plays a role in facilitating or contributing to its commission. Abettors can be held criminally liable for their actions, as they are considered to have contributed to the criminal act.
Key points about abettors include:
- Aiding and Encouraging: Abettors can take various forms and may include individuals who provide direct assistance, encouragement, support, or even advice to the person committing the crime. Their actions may make it easier for the crime to occur or may influence the offender’s decision to engage in unlawful conduct.
- Criminal Liability: Abettors can be charged and prosecuted for their involvement in a crime, even if they did not physically commit the criminal act themselves. They are considered accomplices to the crime and can face similar legal consequences as the principal offender.
- Types of Abetment: Abetment can occur through means such as instigation (actively encouraging the commission of a crime), conspiracy (entering into an agreement to commit a crime), providing material assistance (e.g., supplying weapons or transportation), or offering moral support that contributes to the commission of the crime.
- Accessory After the Fact: In some cases, an abettor may become an accessory after the fact if they assist the principal offender in evading arrest, hiding evidence, or otherwise obstructing the investigation or prosecution of the crime.
- Legal Consequences: The specific legal consequences for abettors vary depending on the jurisdiction and the nature of the crime. They may face charges and penalties commensurate with their level of involvement in the offense.
It’s important to note that the legal definition and treatment of abettors may vary by jurisdiction, and the applicable laws and penalties can differ accordingly. Abettors are a crucial focus in criminal law to ensure that individuals who actively participate in, support, or encourage criminal activities are held accountable for their actions.
LIABILITY OF ABETTOR WHEN OFFENCE ABETTED IS NOT COMMITED
Under many legal systems, including Indian law as per the Indian Penal Code (IPC), an abettor can still be held criminally liable even if the offense that they abetted is not ultimately committed. The basis for this liability is often found in the definitions and provisions related to abetment in the law.
In the IPC, abetment is defined in Section 107. Section 108 of the IPC defines who an abettor is, and Section 109 outlines the punishment for abetment. Importantly, Section 109 does not require the actual commission of the abetted offense for the abettor to be held criminally liable. It states that:
“Whoever abets any offense 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 offense.”
This means that if the abetted offense is not committed, but it can be established that the abetment itself took place, the abettor can still be punished under the law. The focus is on the intention and actions of the abettor to encourage or facilitate the offense, rather than the success or failure of the crime itself.
However, the specific elements and requirements for proving abetment, as well as the applicable penalties, can vary by jurisdiction and the nature of the offense. It is essential to consult the relevant legal provisions and case law in a specific jurisdiction to understand the precise implications and consequences of abetment when the abetted offense is not committed.
