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Legopedia

Who is an Abettor?

According to the section 108 of the Indian Penal code, the definition of abettor is “ 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 the law of committing an offence with the same intention or knowledge as that of the abettors. “

In layman terms, who is an abettor?

The meaning of Abettor can be understood as a person who directly encourages another person to commit a crime and is guilty of provoking the other person.

Some particular examples of it are

∙ It is not necessary that the must be involved in the crime too. Just encouraging one is enough for the abettor to be guilty regardless of his involvement in the criminal act itself.

∙ It is not necessary that the other person must commit the whole crime, even if a part of it is committed, the abettor is guilty i.e. A abets B to murder C, but C does not die and recovers back. In such a case, A is guilty as an abettor even though the complete level of crime does not occur.

∙ Sometimes, a person can abet a minor or somebody else who is not capable of punishment under the law to commit a crime. In such a situation, the abettor is still guilty of abetting a crime.

∙ It is even not necessary, that the abettor who abets somebody to perform some crime may directly know him or be concerned with him As far as the person who was abetted the committed crime, the abettor is guilty, irrespective of the level of friendship, they possess.

∙ The abettor may indirectly encourage a person to commit the crime. In such a case, the abettor is still guilty i.e. A encourages B to encourage C to commit a crime. In such a case, A is as abettor as B, and also both are guilty under the abettor law.

Section 108-A is applicable to an Indian abetting a foreigner to commit a crime in India. In such a case, the abettor is guilty. The law reads as “A person abets an offence within the meaning of this Code who, in [India], abets the commission of any act without and beyond India which constitutes an offence if committed in India”.

The following sections from 109 to 117 provide the different possible cases of when the crime is committed i.e. if the abettor is physically present at that moment it isn’t physically present and so on.

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by ashish padhy

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