ABETMENT

 

AUTHORED BY - ASHA HALDE

Name of the college: - Shree L.   R.   Tiwari law college

Academic year: - 2023 – 24.  FY.LLB.

Name of the student: - Asha M. Halde

Roll No.: - L – 312033

 

Abstract

This research is elaborate the points of Abetment. Abetment in law refers to the act of encouraging, assisting, or instigating another person to commit a crime. It involves active involvement in the planning or execution of an offense. This research is focus on The abstract concept underscores the legal principle that those who aid, abet, or procure a crime may be held criminally liable, even if they didn't directly commit the unlawful act. Abetment is often addressed in criminal codes to ensure accountability for individuals contributing to the commission of crimes.

 

This research is explained the definition of Abetment, the types of abetment and also related cases of it.  There are some cases   explained because of the elaboration of abetment While researching we understood the who is exactly the abettor and their sections also we focus on The general rules regarding the liability of an abettor and what kind of punishments are their.

 

In Literature review we found some cases uts explaining the actually meaning of abetment and conform the who is exactly liable for which sections

Abetment refers to aiding, instigating, or encouraging someone to commit a crime. The methodology involves actively supporting or facilitating the unlawful act. It can include direct assistance, inducement, or even conspiring with the perpetrator. Legal consequences vary depending on jurisdiction and the severity of the abetted crime. If you have specific questions or need more detailed information, please provide more context.

 

In conclusion, abetment involves actively supporting, instigating, or encouraging someone to commit a crime. The legal consequences for abetment depend on the jurisdiction and the nature of the abetted offense. It is considered a serious offense and may lead to criminal charges for those involved in aiding or promoting criminal activities.

 

Introduction

Introduction: Abetment is a legal concept that encompasses the act of actively aiding, instigating, or encouraging another individual to commit a crime. This involvement, whether through direct assistance or inducement, holds legal implications and consequences. Understanding the nuances of abetment is crucial for legal contexts, as it involves a complex interplay of intent and support in connection with criminal activities.

 

The act may be done by the hands of one person while another might have helped him guiding him or encouraged him either before at the time or after doing off that act. That another person can also be held liable criminally as an abettor

The law Relating to abatement abettor The liability of person for abetment and punishment for different kind of abatement is discussed under the section 107 to 119.

 

Definition of Abetment:- section 107 Abetment of a thing   “ A person is said to abet the doing of the thing

1. By instigating any person to commit an offense
2. By engaging in conspiracy to commit it
3. by intentionally aiding a person to commit it.

• Who is the abettor? Section 108

An abettors a person who abet the commission of an offense

1. Who abet the commission of an offense
2. Who abets the commission of an 

 

 

 

OBJECTIVES

The objectives of abetment, which is the act of encouraging or assisting someone to commit a crime, typically include facilitating the commission of the offense, aiding the perpetrator, or promoting the criminal act in some way. These objectives may vary depending on the specific circumstances of the case but often involve assisting in planning, executing, or covering up the crime.

 

The punishment for abetment varies depending on the jurisdiction and the severity of the crime being abetted. In general, it can range from fines to imprisonment, and sometimes both. The length of imprisonment and the amount of fines can vary greatly depending on the laws of the specific jurisdiction and the circumstances of the case. In some cases, abetment of serious crimes may result in longer prison sentences or more substantial fines. It's essential to consult the relevant laws and legal experts for precise information on the punishment for abetment in a particular jurisdiction.

 

Literature review

A literature review on abetment would typically involve an examination and analysis of existing scholarly articles, books, and other sources that discuss the legal concept of abetment. This review would aim to summarize and synthesize the key findings, arguments, and perspectives presented in the literature, providing an overview of the current understanding and debates surrounding abetment in legal contexts. It may cover topics such as the definition of abetment, its elements and requirements, case law examples, comparative analyses with other legal systems, and any unresolved issues or areas for further research.

• Definition of Abetment:- section 107 Abetment of a thing   “ A person is said to abet the doing of the thing

1. By instigating any person to commit an offense
2. By engaging in conspiracy to commit it
3. by intentionally aiding a person to commit it.

• There are three types of Abetment

1.Abetment by instigation 

The person is said to instigate another to do an act by stimulating,  encouraging,  inciting  provoking to do act.

Case law: - Aprimal Chatterji’s case. 1932.  60 Cal. 327

Example: - A tell B go and kill X nothing will happen to you or I will help You in case you come into difficulty these words of a amount of sufficient encouragement and instigation therefore if we kills eggs they can be held liable for the offence of abetment of commit murder

• Instigation can be given directly or indirectly, by words spoken or by written, or instigation may be by gesture.

2. Abetment by conspiracy: --  If a person

a) engages himself with Person our person in a conspiracy to do the things and

b) in pursuance to that consistency some act or illegal omission means offence take place in order to do that

Example: - A and B engage Themselves in conspiracy to kill eggs be in perseverance do such confidence E he legs here it can be held liable for abatement of murder by conspiracy section 120 A

 

3. Abetment by aid: -

A person can intentionally aid the doing of the things either by an act or by an illegal omission

Explanation: - a person Who  facilitates the Commission of an act by doing anything either before or at the time of the commission of an act is said to add that act

• Example: - If a person intentionally provided a food to criminal who is on Commission to commit a crime or intentionally help the criminal to  hide at a particular place in order to commit a crime or intentionally provide a knife to the criminal to kill someone in all these cases person can be said to have intentionally added the commission of an open
• General Rule regarding the liability of an abettor

1. Abettor can be liable even when he abets an illegal omission .
2. Abettor can be held liable  although the act abetted is not committed .
3. Abettor can be held liable for the offence abetted through the effect necessary to constitute that  offense is not caused .
4. Abettor can be held liable even when the person abetted is incapable by law of committing an offence.
5. The arbiter can be heard level through the person every date does not have same guilty intention and knowledge as that of abettor.
6. Abettor can be held liable for abatement for such abatement

Explanation:- A  instigate B murders Z. B accordingly instigates C to murders Z, and C commits that offence in consequence B instigation. B should be is liable to be punishment for his offence with the punishment for murder and as is instigate  word to commit the offence a is also liable to the same punishment

1. Abettor can be held liable for offence though he does not concert with the person who actually commits the offence

Explanation: - A instigate B a plan for poisoning z it agreed that A shall administer the poison but without mentioning A’s name .C agrees to procure the poison and procures and deliver it. B for the purpose of its being In the manner explained A administers. Dies in consequences here though A & C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered .C has therefore, committed the offence defined in this section and is liable to the punishment for er

1.  Abettor can be held liable for abatement of an offense in India though the offence is committed outside India.

 

Conclusion

abetment involves actively supporting, instigating, or encouraging someone to commit a crime. The legal consequences for abetment depend on the jurisdiction and the nature of the abetted offense. It is considered a serious offense and may lead to criminal charges for those involved in aiding or promoting criminal activities.

 

conclusion regarding the punishment for abetment depends on various factors such as the severity of the crime abetted, the level of involvement of the abettor, and the laws of the jurisdiction in which the offense occurred. In many legal systems, abetment is considered a serious offense and can result in significant penalties, including imprisonment, fines, or both. The actual punishment imposed will be determined by the court based on the specific details of the case and applicable laws.