Abetment(Sections 107 -120) Introduction :- General rule is, the person who commits offence actually will be punished but there are some circumstances in which a person will be liable u/s. 107 abetment for committing the crime by others or instigation. Gurbachan Singh Vs Satpal Singh 1990. Abet means to help in doing something (usually bad) So word abetment is synonymous with instigation encouragement and incitement .Abetment is not solely related with the actual commission of crime abetted provided thing abetted is a crime. According to English Law criminals can be classified under following heads I. A principle in the first degree :- The person who actually commits the crime himself or causes an innocent person to commit the crime for him. II. A Principle in second degree :- Is someone who either encourages the commission, or assists in the commission, of a crime and who is actually at the scene of the crime when the crime is being committed. III. An accessory before the fact :- Is a person who encourages or aids in the commission of a crime but is not actually or constructively present at the scene of the crime at the time that crime is being committed . in other words. An accessory before the fact provides pre-crime assistance, and Only pre-crime assistance, to the criminal. For example :- Homer is set to commit the crime + enterer + duet plan map make. Time :- work in the place etc. IV. An accessory after the fact :- Is someone who gives post crime assistance to the criminal. In order to be convicted as an accessory after the fact, the defendant must have known that the person he was helping had committed a felony and he must have given he help with the intent of interfering with the criminals capture ,prosecution or conviction. For example :- Robbed money, hide out at his friend’s home basement. According to Section 52A – harbour includes – supplying a person food, drink which is punishable u/s 130, 136, 201, 212, 216, 216A Similarly – receivers of stolen property, like accessory after the fact are punishable under sections 410 to 412. U/s 107 :- Abetment of a thing Instigation Conspiracy Intentionally aids, by an act or illegal omission ------------------------------------------------------------------------- 1.Before crime 2. At the time 3. After the crime of crime Explanation :-I A person will be guilty of misrepresentation or willful concealment of material fact which he is bound to disc lose voluntarily or attempts to procure, a thing to be done called abetment. Illustration :- A public officer is authorized by a warrant from a court to apprehend Z. B knowing that fact and also that C is not Z willfully represents to A that causes A to apprehend C .Here B abets by instigation the apprehension of C. Importance of Mensrea :- Barendra Kumar Ghosh Vs King Emperor 1925 ;- Held that the presence of a person at the scene of occurrence does not amount to abetment if it is intended to encourage the commission of the offence. Mere proof that the crime charged could not have been committed without the interposition of the alleged abettor is not enough. Shri Ram v. State of U.P. 1975:- Kartar Singh Vs State of Punjab 1994 Concurred with the Bombay High court judgment stating that “When no mens rea is essential in the substantive offence, the same is also not necessary in the abetment thereof . Types of abetment :- I. Abetment by Instigation :- means to provoke, incite, urge or bring about persuasion, Instigation can be directly or indirectly done. Words, gestures etc may be used for instigating another person. Gura Venkata Reddy V. State of Andhra Pradesh 2003 A mere word, without necessary intent to incite a person, uttered in quarrel or in a spur of the moment or in anger does not constitute instigation. II. Abetment by conspiracy 120A III. Abetment by Aiding. Emperor V. Umi 1882 The priest who was facilitating the marriage of minor by chanting of mantras will be considered as an abettor and it will be offence of abetment. Queen Vs Mohit Pandey :- A widow was burnt in a fire in her husband’s funeral pyre. U/S 108 Who is a better? Who abets the commission Or 4. Abetment of abetment 5. Direct relation between abettor and the person who commits offence is not necessary in case of conspiracy. A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. A with intention of murdering Z, instigates B who is under 7 years. B in consequence of abetment does the act in absence of A. B is not liable. A is liable for death/murder and punishable for death. A instigates B to instigate C to murder Z.B accordingly instigates C to murder Z. C commits murder .Band A both are liable for the murder. A conceives with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains all plan to C mentioning that a this person is to administer A’s name. C agrees to procure the poison, and procures and delivers to B. Finally A administers poison and Z dies. Now in this case A and C did not conspire together yet C has committed the offence defined in this section and is liable to be punished for murder. Trilok Chand Vs State of Delhi 1977. Mere aiding is not an abetment but intention of the person or knowledge of person who is aiding was to facilitate the offender to do an offence. Bijoyananda Patnaik V. Brinnand 1970. Direct connection between abettor and offender is not necessary unless the offence of abetment is by conspiracy. Haradhar Chakrabarty Vs. U.O.I 1990. Petitioner was charged with offence of abetment by conspiracy of commission of offence of theft by his grandmother - later he was acquitted . U/S-108 A :- Abetment in India of offences Out side India- Abetment to do an act without and beyond India which would be an offence if it was committed in India. Illustration :- A in India, instigates B, a foreigner in Goa to commit a murder in Goa. A is guilty of murder. U/s – 109 :- Punishment according to the offence. U/s – 110 :- Punishment if act done with different intention -that punish for new act which was committed. U/s – 111 :- Liability of abettor when one act abetted and another act done. Guri raj Prasad case 1935. Abettor shall be liable for different act only in those circumstances where the act done was the probable consequences of the abetment of the abetted act. Proviso :- Probable consequence – to prove act committed in influence. U/s – 112 :- Abettor liable for the cumulative punishment till the last preceding. U/S – 114 :- Abettor present when offence is committed. Correlated with 34 Barendra kumar Ghosh Vs Emperor 1925 Punish an abettor / u/s 114 – U/s – 115 :- offence under death or abetment lifetime It offence has committed 7/years and fine. It offence has been committed and consequence hurt or bur car – 14years + fine U/s – 117 :- Abetting the commission of offence by public or the person - 3 years . U/s – 116 :- Imprisonment If offence is not committed but abetment person-.1/4 of longest punishment + fine. It offer of abetment made by public servant 1/2 of longest punishment + fine. U/s – 118 :- conceding discus of death + life offence. It offence committed – 7 years. It not abetment – 3 years. Conclusions
Posted on: Fri, 26 Dec 2014 09:38:14 +0000
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