Abetment under Bharatiya Nyaya Sanhita, 2023

In everyday life, people influence each other’s actions. Sometimes, this influence leads to good things, like helping someone prepare for an exam. But what happens when someone encourages, helps, or plans a crime with another person? That is called abetment.

Abetment means supporting or encouraging someone to commit a crime. Even if the crime does not happen, abetting it is still a punishable offense under the law.

In this blog, we will understand What is abetment? Who is an abettor? Different types and Punishments of abetment with Interesting legal examples and case laws!

What is Abetment?

Abetment is when a person helps or encourages another person to commit a crime. It can happen in three ways:

1. Instigation – Encouraging, provoking, or pressuring someone to commit a crime
2. Conspiracy – Secretly planning a crime with others.
3. Intentional Aid – Helping by providing resources, money, shelter, or other support.

Essential Elements of Abetment

1. Instigation: Encouragement or provocation to commit an act.

   • Can be verbal, written, or implied by conduct.

   • Instigation does not require physical presence​​.

2. Engagement in Conspiracy: The conspirators should take some step toward executing the crime​​.

3. Intentional Aid:

   • Providing assistance (e.g., tools, shelter, funds).

   • Even if the abettor is not legally bound to prevent the act, assistance amounts to abetment​​.

So, even if the crime is not completed, the person who abets it can still be punished.

➡️ Example:

A tells B, "You should kill C. Here’s a gun for you."

- If B commits the crime → A is punished for murder.
- If B changes his mind → A is still guilty of abetment.

Abetment vs Criminal Conspiracy

Who is an Abettor?

An abettor is a person who:

- Instigates someone to commit a crime.
- Conspires with others to plan a crime.
- Provides aid like money, weapons, or shelter for a crime.

🛑 Note: Even if the person committing the crime is incapable (a child, mentally ill person), the abettor is still guilty.

➡️ Example:

A tells a 12-year-old boy to set fire to a shop. The boy does it. The boy may not be punished because of his age. But A is fully guilty because he used the boy as an instrument.

Legal Principles

(A) Act Need Not be Committed

Abetment is still punishable even if the crime does not take place.

➡️ Example:

A offers B money to kill C. B refuses. A is guilty of abetment even though no murder happened.

(B) Liability for Different Outcome

If an abettor pushes for one crime, but another crime happens, liability depends on what was foreseeable.

➡️ Example:

A tells B to hurt C, but B accidentally kills C. If A knew this could happen, A will be charged for murder.

(C) Cumulative Punishment

If an abettor’s instigation leads to multiple crimes, he can be punished for each crime separately.

➡️ Example:

A runs a website that teaches hacking. If three people commit cyber fraud after reading it, A is responsible for all three offenses.

Forms of Abetment

Abetment can happen in three ways:

(A) Abetment by Instigation

Active encouragement to commit a crime. Can be through:

- Direct commands (ordering someone to kill).
- Threats or intimidation.
- Persuasion or false representation

➡️ Examples:

Telling someone to burn down a house, offering a bribe to a police officer, or spreading fake news to start riots.

(B) Abetment by Conspiracy

When two or more people plan to commit a crime and take steps toward it.

➡️ Example:

A and B plan a bank robbery. They buy masks and weapons but are caught before committing the crime. They are guilty of abetment by conspiracy.

(C) Abetment by Intentional Aid

Helping someone commit a crime by providing support. Even indirect help counts!

➡️ Example:

Giving a thief a hiding place, supplying poison to a murderer, or lending a getaway car to a criminal.

Punishment for Abetment

The law punishes abettors differently based on whether the crime happened or not.

(A) If the Crime is Committed

The abettor gets the same punishment as the criminal.

(B) If the Crime is Not Committed

📌 If the offense is punishable with life imprisonment or death:

• The abettor can be jailed for up to 7 years + fine.

• If harm is caused, the jail term increases to 14 years.

📌 If the offense has a lesser punishment:

• The abettor gets 1/4th of the maximum punishment.

• If the abettor is a public servant, 1/2 of the maximum punishment.

📌 If abetment is done by 10+ people:

• Punishment extends to 3 years or fine or both.

Special Situations in Abetment Laws

Sometimes, abetment laws apply differently in unique situations.

(A) Public Servants and Abetment

If a police officer helps criminals, their punishment is doubled.

➡️ Example:

A corrupt police officer helps a gang smuggle drugs. He gets 1/2 of the maximum punishment for drug smuggling.

(B) Abetment Outside India

If a person abets a crime that happens outside India, they can still be punished under Indian law.

➡️ Example:

A person in India sends money to fund a terrorist attack abroad. They can be charged in India for abetment of terrorism.

(C) Abetment by Concealment

If a person knows about a crime and deliberately hides it, they can be guilty of abetment.

➡️ Example:

A man overhears a murder plan but chooses not to report it. He can be charged with abetment.

Key Differences Between IPC and BNS on Abetment

Landmark Judgments on Abetment

📌 Ramesh Kumar v. State of Chhattisgarh (2001)

Facts: The accused (husband) was charged under Section 306 IPC (abetment of suicide) after his wife committed suicide due to mental harassment.

Judgment: The Supreme Court ruled that:

- Continuous mental harassment could be considered instigation.
- A person can be guilty of abetment even without direct provocation.
- Mere quarrels do not amount to abetment; there must be active encouragement or instigation.

Significance: This case clarified that abetment by instigation can be indirect, as long as it pushes someone towards an offense.

📌 K.M. Nanavati v. State of Maharashtra (1962)

Facts: Nanavati, a naval officer, killed his wife’s lover after learning about their affair. His lawyer argued that he was instigated by the victim’s actions.

Judgment: The court ruled that instigation must be direct and intentional. Mere provocation by circumstances does not constitute abetment.

Significance: This case differentiates between instigation and provocation.

📌 State of Maharashtra v. Kashirao (2003)

Facts: The accused, a government official, was charged with abetment of corruption under Section 109 IPC for helping a subordinate take bribes.

Judgment:

- If a person knowingly facilitates an illegal act, it qualifies as abetment by intentional aid.
- Even if the abettor does not benefit directly, they are still guilty.

Significance: This ruling is crucial for corruption cases.

📌 State of Rajasthan v. Asharam Bapu (2023)

Facts: A religious leader was accused of abetting sexual offenses by instructing his followers to commit crimes.

Judgment:

- If a person commands or orders an offense, it qualifies as instigation.
- Religious influence does not exempt someone from abetment liability.

Significance: This case applies to religious influence and abetment.

📌 Sushant Singh Rajput Suicide Case (2020)

Facts: The death of actor Sushant Singh Rajput led to allegations that his partner, Rhea Chakraborty, abetted his suicide by mentally harassing him.

Outcome:

- The CBI investigated abetment under Section 306 IPC.
- The court ruled that mere association is not enough; active instigation or facilitation is necessary.

Significance: This case highlights the difficulty in proving abetment of suicide.

Conclusion

Abetment is a serious crime. Even if someone does not commit the actual crime, they can be punished just for encouraging or helping. The law ensures that no one can escape the responsibility by saying, “I didn’t do it myself.” Understanding these laws helps us be more responsible citizens. It reminds us that words, actions, and even silence can make a difference in justice and crime prevention.

What do you think? Should people be punished for abetting crimes even when the crime never happens? Drop your thoughts below! ⬇️

Want to explore more about IPC and criminal laws? Check out our detailed articles on Ipc Sections!