IPC Section 108 in Indian Penal Code , Explanation, Abetment, Punishment

IPC Section 108: Section 108 of the Indian Penal Code (IPC) holds significant importance within India’s legal framework. This section pertains to a specific dimension of criminal law, addressing the conduct of individuals concerning criminal activities. It defines the act of aiding or abetting a crime, where an individual assists in either the commission of a crime itself or in the execution of an action that would constitute a crime if carried out by a person legally capable of committing a crime, with the same intent or knowledge as possessed by the principal offender.

What is Section 108 in the Indian Penal Code?

IPC Section 108 of the Indian Penal Code deals with abetment. It states that a person who instigates another person to commit an offense or engages with others in a conspiracy for the commission of an offense is said to abet that offense. IPC Section 108 is part of the legal framework that defines the concept of abetment and provides guidelines for holding individuals accountable for aiding, encouraging, or supporting criminal acts.

IPC Section 108 Explanation

Explanation I:

• Assisting in the unlawful failure to perform an action could lead to a criminal offense, even if the one providing assistance is not personally obligated to perform that action.

Explanation II:

• The offense of abetment can be established without requiring the abetted act to be carried out, or without necessitating the occurrence of the necessary effect for the offense to be fulfilled

IPC Section 108 Abetment

(a) A encourages B to kill C, but B declines to do so. A is culpable for abetting B in the intention to commit murder.

(b) A incites B to murder D. B, driven by this provocation, stabs D, who survives the injury. A is accountable for instigating B to attempt murder.
Explanation III:

It’s not a requirement that the person being abetted must be legally capable of committing an offense, nor is it necessary for them to possess the same guilty intention or knowledge as the abettor, or any form of guilty intention or knowledge.

(a) A, with a culpable intent, encourages either a child or a mentally ill person to engage in an act that would constitute an offense if done by a legally capable individual with the same intent as A. In this scenario, regardless of whether the act is executed or not, A is responsible for abetting an offense.

(b) A aims to murder Z and incites B, a child under the age of seven, to perform an act leading to Z’s demise. Due to A’s instigation, B performs the act independently of A and causes Z’s death. Although B is not legally capable of committing an offense, A is liable for punishment as if B were legally capable and had committed murder. Consequently, A is subject to the death penalty.

(c) A encourages B to set fire to a dwelling-house. Due to B’s mental incapacity, he is unaware of the act’s nature or its violation of the law. B sets the house on fire because of A’s encouragement. While B has not committed an offense due to his mental state, A is guilty of abetting the offense of arson and is subject to the prescribed punishment for that offense.

(d) A intends to facilitate a theft and prompts B to take property from Z’s possession. A leads B to believe that the property belongs to A. B takes the property in good faith, under the belief that it belongs to A, and not dishonestly, thus not constituting theft. However, A is culpable for abetting theft and faces the same punishment as if B had committed theft.
Explanation IV:
As abetting a crime is itself a criminal act, similarly, abetting such an act of abetment also constitutes a criminal offense.
A encourages B to provoke C into murdering Z. B follows through and incites C to commit the murder, which C indeed carries out due to B’s instigation. In this case, B is accountable for his act and subject to the penalty for murder. Moreover, since A instigated B to commit this act, A is equally accountable and exposed to the identical punishment.

Explanation V:
For the offense of abetment through conspiracy, it is not a prerequisite that the abettor collaborates with the person who carries out the offense. It is adequate for the abettor to participate in the conspiracy that leads to the commission of the offense.
A and B devise a scheme to poison Z, where A is tasked with administering the poison. Subsequently, B conveys the plan to C, omitting A’s identity but detailing that another person will administer the poison. C agrees to obtain the poison and successfully acquires and hands it over to B for the intended use. A administers the poison, leading to Z’s death. In this case, even though A and C didn’t conspire directly, C has participated in the conspiracy that resulted in Z’s murder. As a consequence, C has committed the offense described in this section and is subject to the punishment for murder.

Section 108 (A) Abetment in Indian of offences outside India

Section 108(A):  Assisting Offences Abroad from India, An individual aids an Offences as defined by this Code when, within the territory of 2[India], they support the commission of an act outside and beyond the borders of 1[India], which would qualify as an offense if conducted within 2[India]. Illustration A, situated in 2[India], encourages B, a foreign national in Goa, to commit a murder within Goa. In this scenario, A is culpable for abetting murder.]

IPC Section 108 Punishment

Abetment of Serious Offenses in Case of Non-Execution of Offense – Harm Resulting from the Act: If an individual abets the commission of a capital offense, and if that offense does not occur due to the abetment, and no explicit provision exists for the punishment of such abetment, the person shall be sentenced to rigorous imprisonment for a period up to seven years and may also be fined.

• Moreover, if any action, for which the abettor becomes liable due to the abetment, leads to causing harm to a person, the abettor will be subject to rigorous imprisonment for a duration of up to fourteen years and may also be fined.

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