The term “abetment” as defined by the Cambridge dictionary, refers to an act of aiding or encouraging someone to perform an illegal or wrong act.  

The word ‘abet‘signifies help, co-activity and support and incorporates within its ambit, illegitimate reason to commit the crime. 

The concept of abetment has widened the scope of criminal law to incorporate these criminal intensions and penalize them according to the provision laid down under chapter V of Indian Penal Code, 1860. 

Abetment under the Indian Penal Code  

Chapter 5 of the Indian Penal Code, 1860 deals with offences relating to abetment 

The offence of abetment depends upon the intention of the person who abets, and not upon the act which is actually done by the person who he abets. 

The offense of abetment by instigation relies on the intention of the individual who abets and not upon the act which is finished by the individual who has abetted. 

Section 107-120 of Indian Penal Code 1860 talks about abetment. According to section 107 which explains the meaning of abetment, in general to abets means to instigate, to help, to encourage to put in execution his criminal intension. Abetments consist of three act which is laid down in section 107. 

Abetment is constituted by  

Instigating a person to commit an offence.  

Engaging in a conspiracy to commit it.  

Intentionally aiding a person to commit it.  

Types of abetments  

Abetment by Conspiracy 

Conspiracy’ consists in the agreement of two or more persons to do an unlawful act or to do a lawful act by unlawful means.   

It is not necessary that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. 

example, A, a servant, enters into an agreement with thieves' thieves to keep the doors of his master's house open in the night so that they might commit theft. A, according to the agreed plan keeps the doors open and the thieves take away the master's property. A is guilty of abetment by conspiracy for the offence of theft 

Essentials of abetment by conspiracy  

A conspiracy between two or more person. 

An act or illegal omission may take place in furtherance of that conspiracy 

Noor Mohammad Momin v. State of Maharashtra 

This case shows the difference between criminal conspiracy and abetment to conspiracy. Criminal conspiracy has a wider jurisdiction than abetment by a conspiracy. An individual is guilty of conspiracy with the mere agreement between a group of people to commit an offence. 

Abetment by instigation   

In order to hold a person guilty of abetting it must be established that he had intentionally done something which amounted to instigating another to do a thing. 

Instigation may also be of an unknown person. A mere permission does not amount to instigation. 

Advice amounts to instigation only when intended to actively suggest or stimulate the commission of an offence. 

Illustration, A, a public officer, is authorized by a warrant by court of justice to apprehend Z. B, knowing that fact that C is not Z, willful represent to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C 

Abetment by Aiding 

The third manner in which abetment may take place is by intentionally aiding the offender in committing that offence. 

This generally happens when the abettor facilitates the crime or helps in committing it. The intention to aid the offender is very important. 

A person is said to abet the commission of an offence if he intentionally renders assistance or gives aid by doing an act or omitting to do an act. The mere intention to render assistance is not sufficient. 

Merely being present at the crime scene does not amount to aiding Unless the intention was to have an effect by being present or the person was aware that an offence is about to be committed or he actively supports or holds some position, rank in committing of the offence. 

Who is abettor  

Section 108 of the Code defines the abettor. An abettor may be either instigator, or a conspirator, or helper in commission of a crime as defined in section 107. 

To constitute an offence of abetment, three things are essential i.e. 

There must be an abettor. 

He must abet. 

The abetment of an offence being an offence, the abetment of such an abetment is also an offence. 

There are certain rules regarding abetment, contained in section 108 of IPC, which are as follows: 

The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do the act. 

To constitute the offence of abetment, it is not necessary that the act abetted is committed or not.  

The offence of abetment depends upon the intention of the person who abets, and not upon the actual act done by the person abetted. Abettor may not himself be bound to do the act. 

Illustration:

A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. 

To constitute the offence of abetment, it is not necessary that the person abetted should be capable by law of committing an offence or have the same guilty intention or knowledge as that of the abettor. 

Abetment is a substantive offence irrespective of the criminal intention or knowledge to be the same as that of abettor, mere instigation to commit a criminal offence is necessary and does not consider the person to whom abettor abets to do an act, either capable by law or not. 

Illustration:

A with a guilty intention, abets a child or a lunatic person to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A weather the act be committed or not, is guilty of abetting the offence. 

When the abetment of an offence is an offence the abetment of such an abetment is also an offence. 

To constitute the offence of abetment by conspiracy, it is not necessary that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed will be liable. 
Illustration A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z and commits that offence in consequence of B’s instigation. B is liable to be punished for the offence with the punishment for murder and as a instigates B to commit the offence, A is also liable for the same punishment. 

Queen vs Mohit 1871  

In this case a women prepared herself to become sati in the presence of the accused persons. They followed her up to the pyre and stood by her stepsons crying Ram Ram One of the accused also admitted that he told the women to say Ram Ram.  

It was held that all those that followed her to the pyre and stood by her crying Ram Ram would be guilty of abetment as the actively abetted her. 

SheoDail Mal, 1894

In this case it was held that instigation may be direct or it may be through letter. Where A writes a letter to B instigating thereby to murder C, the offence of abetment by instigation is complete as soon as the contents of letter becomes known to B. 

Punishment for Abetment 

Abetment of certain offences is punishable under specific Sections of IPC or under other laws. For example, abetment of suicide is punishable under Section 306. However, when no specific provision exists, the abettor will be punished with the punishment prescribed for that particular offence he has abetted. 

The punishment of the different kinds of abetment are contained in Sections 109 to 120. 

Conclusion

Abetment as a provision has been sufficient both from the view of the offence as well as the penalty for the offenders of abetment.   

Therefore, we can say that abetment as an offence is a just and fair law that enhances the principles of natural justice.