Dear Readers,
Here we are providing you updated and most relevant Study notes on IPC of Abetment for Law Entrance Exam. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam.
Abetment:
A Person abets in doing a thing by:
First: “Instigating any person to do that thing”
Second: “engaging with one or more persons in any conspiracy for doing that thing, if an act or illegal omission takes place in pursuance of that conspiracy and in other to the doing of that thing,
Third: Intentionally aids, by any act or illegal omission in doing that thing.
Explanation: A person who by willful misrepresentation or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done is said to instigate the doing of that thing.
For eg.
“A” an officer has warrants to arrest “Z” and B knows this fact. He also knows that “C” is not “Z” but represents to “A” that “C” is “Z”. “A” arrests “C” here “B” is abetting the arrest of “C”
Explanation: Whoever either prior to or at the time of the commission of an Act, does anything in order to facilitate the commission of that Fact and thereby Facilitates the commission thereof is said to doing of that act.
Abetment by Instigation
Instigate means to incite, encourage or provoke a person to do an act. It may be direct or indirect, verbal, written, hints or any other form of persuasion or encouragement.
For eg.
“B” and “C” are servants of “A”, carrying sticks in their hand, an argument occurs between “A” and his neighbour “D” over the use of a passage. “A” gives the order to “B” and “C” to beat “D”. Here “A” is guilty of abetting the assault by “B” and “C”
Abetment by Aid
A Person abets the doing of a thing who internationally aids by an act or illegal omission, the doing of that thing.
(i) Assist
(ii) Illegally omits to do what he is bound to do.
(iii) Doing any kind of act which facilitates.
For the application of this clause, it is essential that the act abetted must be committed.
Note: Active Complicity is essential to hold a person guilty under this section.
For eg: (i) “A” quarrelling with “B” in heat of movement said that he wanted a fatal weapon in order to teach a lesson to “B”. “C” a bystander by handed over an iron rod to “A”. “A” caused grievous hurt to “B”. Here in this case “C” had abetted the wrong (Active Complicity)
(ii) “A” a servant kept a door open to facilitate “B” to enter in the house to do theft. “A” did not abet the wrong.
Ø Abetment by illegal omission
Illegal omission implies breach of legal obligation /duty
Ø If a person deliberately refrains himself from doing an act that he is required to do then he will be liable for abetment by illegal omission
For eg: “A” a constable knows that “B” and “C” are going to torture a prisoner and does not take up the matter
It is wrong. Constable has a legal duty to inform whereas a stranger does not owe any such duty.
You can also try the following Practise question.
Practice exercise:
1. Under IPC, abetment is constituted
A. By instigating any person to commit an offence
B. By engaging in conspiracy to commit an offence
C. By intentionally aiding a person in committing an offence
D. All of the above
Ans: D
2. “A” an officer has warrants to arrest “Z” and B knows this fact. He also knows that “C” is not “Z” but represents to “A” that “C” is “Z”. “A” arrests “C”. Has B abetted the arrest in this case?
A. Yes
B. No
Ans: A
3. Instigate means
A. Incite a person to do an act
B. Encourage a person to do an act
C. Provoke a person to do an act
D. All of the above
Ans: D
4. Incitement has to be written
A. True
B. False
Ans: B
5. “B” and “C” are servants of “A”, carrying sticks in their hand, an argument occurs between “A” and his neighbour “D” over the use of a passage. “A” gives order to “B” and “C” to beat “D”. Will “A” be held guilty of abetting “B” and “C”
A. Yes
B. No
Ans: A
6. “A” quarrelling with “B” in heat of movement said that he wanted a fatal weapon in order to teach a lesson to “B”. “C” a bystander by handed over an iron rod to “A”. “A” caused grievous hurt to “B”. Has “C” abetted the wrong in this case?
A. Yes
B. No
Ans: A
7. If in the previous question “A” throws the rod and decides to talk and settle the differences. Will “C” he held liable?
A. Yes
B. No
Ans: B
8. “A” a constable knows that “B” and “C” are going to torture a prisoner and does not take up the matter. Will he be held liable?
A. Yes
B. No
Ans: A
9. If a person deliberately refrains himself from doing an act that he is required to do, then he will not be liable for abetment by illegal omission
A. True
B. False
Ans: B
10. “A” a servant kept a door open to facilitate “B” to enter in the house to do theft. Will A be held liable?
A. No
B. Yes
Ans: A
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