Name : Joytun Abedin Oyshe

ID NO : 140314008

Batch : 8th

Department of Law

Z.H. Sikder University of Science and

Technology
According to Section 107-120 in the Penal Code, 1860.
Definition of Abetment

Elements of an Abetment

Type of an Abetment

Who is an Abettor ?

Abettor Present When Offence is Committed

Proof of Abetment

Punishment

Analysis
The Penal Code does not define what is
Abetment but only explains what acts amount
to an Abetment. Generally we can say that,
Abetment is an inchoate offence which
involves mode of participation. More than one
person is involved in the commission of the
crime and similar to common intention. Simply
abetment means, If any person intentionally
Helping, aiding, facilitating & assisting to do
that thing by any act or illegal omission.
Elements of an Abetment:
An abettor
the commission of an offence
the commission of an act which
would be an offence.
if committed by a person capable by law
and liability does not rely on the abetted
person.
There are Three types of an Abetment :
1. Instigation :
Instigating or provoking a person to do an offence
is also abetment for committing that offence.
Instigation can be directly or indirectly done.
2. Conspiracy :
When the person abetting conspires with another
to do an illegal act or omission which would be an
offence, it is called abetment by conspiracy.
3. Intentional Aiding :
Aid means help. If the person is aiding or helping
the actual offender to commit the offence or to
help the offender in furtherance of commission of
the crime, it is called abetment by aiding.
 Who is an Abettor ?
According to section 108 in the Penal Code,1860.
A person abets an offence, who abets either the
commission of an offence, or the commission of
an act which would be an offence, if committed
by a person capable of law of committing an
offence with the same intention or knowledge as
that of the abettor.

Example :
A instigates B to murder C. B refuses to do so.
A is guilty of abetting B to commit murder.
Whenever any person, who if absent would
be liable to be punished as an abettor, is
present when the act or offence for
which he would be punishable in
consequence of the abetment is
committed, he shall be deemed to have
committed such act or offence.
Where an accused in charged with
abetment by instigation there must be
proof of the actual word used by way of
instigation. In the absence of such proof
a conviction for abetment cannot be
sustained.
According to Section 109 in the Penal Code,1860
Whoever abets any offence 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 offence.
Example :
A instigates B to give false evidence. B, in
consequence of the instigation commits that
offence. A is guilty of abetting that offence,
and is liable to the same punishment as B.
Essential ingredients are-
The accused abetted the commission of an
offence punishable with imprisonment.
The offence abetted was not committed.
There is no express provision in the penal code
for the punishment of such offence . Where the
case falls under the second limb the following
additional fact has to be established:
The accused abetted is a public servant whose
duty is to prevent the commission of an offence.
Thats All
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