In the context of the Penal Code of 1860, abetment refers to the act of instigating, encouraging, or promoting a person to commit an offense or aiding the offender in the commission of a crime. Abetment can occur in various forms, and it involves at least two persons—one who abets the offense and the other who commits it. The concept of abetment is crucial in criminal law as it holds individuals accountable for indirectly participating in the commission of a crime. This article provides an overview of abetment. Let’s dive into the article.
What is Abetment?
Section 107 of the Penal Code defines abetment as the act of instigating any person to commit an offense or engaging with one or more other persons in any conspiracy for the commission of the offense. If an act or illegal omission takes place in pursuance of that conspiracy and in order to commit the offense, the person abetting can be held liable for abetment.
How an act of Abetment may be committed?
Abetment, as defined under Section 107 of the Penal Code of 1860, encompasses various forms of indirect participation in the commission of a crime. According to this section, a person abets the doing of a thing in three ways-
- By instigation, this form of abetment involves instigating or encouraging any person to commit an offense. Instigation can be done through words, actions, or any means that push the individual to commit the offense.
- By conspiracy, in which case something has to be done for being qualified as an abetment as a result of such conspiracy,
- By intentional aid by any act or omission. Providing support, resources, or any form of aid that facilitates the commission of the crime constitutes abetment by aid.
The essential ingredients of abetment include mens rea, which refers to the guilty mind or intention of the abettor to aid or instigate the commission of the offense. Abetment does not require the actual commission of the offense by the principal offender. Even if the offense is not committed, the abettor can still be held liable for the act of abetment.
What constitutes Criminal Conspiracy? What is the Punishment?
Who is an Abettor?
Under section 108 of the Penal Code, an abettor is defined. So, who does the aforesaid act-
- For the commission of an offense.
- The commission of an act that would be an offense if done by a person capable by law of committing the offense, is an abettor.
That is to say, an “Abettor” is a person who abets either the commission of an offense or the commission of an act that would be an offense if committed by a person capable of committing the offense with the same intention or knowledge as that of the abettor. The abettor’s involvement may vary, and they can be held liable even if they are not bound to perform the act themselves.
Explanation of an abettor’s act which may lead to an offense of abetment
- Abetment of an illegal omission,
- An offense of abetment does not require the actual commission of the act abetted or the effect of the act to be caused.
So, an abetment itself is an independent offense.
- It is also not necessary for an act of abetment to constitute that the person abetted be capable by law of committing any offense and also that he should have the same guilty mind as that of the abettor or that he should have any guilty mind or intention or knowledge.
- As an abetment is an independent offense, abetment of such an abetment is also an offense.
- In an offense of abetment by conspiracy, it is not necessary that the abettor should concert the offense abetted in the doing of the same. It is sufficient that he engages himself in the conspiracy.
Under section 108A, an abetment to commit an act which if committed in Bangladesh would be an offense, such abetment for the commission of that act outside of Bangladesh is an offense.
What is America’s Blackwater? How does it terrorize the World?
Circumstances of Punishment when acts of abetment get different degrees of severity.
In terms of punishment, different circumstances have been considered by the code and accordingly, different punishment has been prescribed.
| Circumstance | Punishment |
|---|---|
| The act abetted has been committed as a consequence of such abetment. (s. 109) | The punishment prescribed for the offense abetted. |
| The act abetted is done with a different intention or knowledge from that of the abettor. (s. 110) | The punishment provided for the offense which would have been committed if it had been committed with the same intention as that of the abettor. |
| The act committed is different from the act abetted. Provided the act committed has been a probable consequence of the abetment. (s. 111) But if the different act is committed in addition to the act abetted. (s. 112) | The punishment would be as though the abettor has abetted that different act directly. The abettor shall get the punishment for abetting both acts. |
| The effect of the act abetted is different from the one intended by the abettor. Provided, the abettor had the knowledge that the act abetted was likely to cause the effect. (s. 113) | A punishment for the offense which ends up with that different effect. |
| If the abettor be present when the act abetted is being committed. (s. 114) | He shall be punished as an offender not an abettor. |
| Abetting the public or more than 10 persons in a commission of an offense. (s. 117) | Imprisonment of either description which may extend to three years or with fine or with both. |
| If act abetted be not done- a. If the offense abetted be punishable with death or imprisonment for life. (s. 115) b If the offense is not committed which has been abetted which is punishable with or imprisonment for life, but an act is done in consequence which causes hurt to any person. (s. 115) c. If the offense abetted is punishable with imprisonment. In the same case, if the person abetted or the abettor be a public servant where duty it is to prevent offense. (s. 116) | a. Imprisonment of either description which may extend to seven years, and fine. b. Imprisonment of either description which may extend to fourteen years and fine. c. Imprisonment of either description which may extend to one-fourth of the longest term of imprisonment awardable for the offense abetted or with fine or with both. The same punishment. Just the term of imprisonment extends to one-half of the longest term of imprisonment awardable for the offense abetted or with fine or with both. |
Abetment by Concealing design of the offense
There is another sort of abetment which is the “concealing the design to commit the offense.” The provision relating to this has been given within sections 118, 119, and 129 of the Penal Code. One thing is required for such concealment to be an offense under those sections is that the same is to be done with an intention to facilitate or with the knowledge that such conduct shall facilitate the commission of the offense. Such concealment may be through an act or omission. The punishments for such concealments are as follows:
| Design | Punishments |
|---|---|
| 1. An offense punishable with death or imprisonment be committed according to the design. (s. 118) & 2. When in such case the person concealing the offense is a public servant, which it is his duty to prevent. (s. 119) & 3. If such concealed offense be not committed. (s. 118) | 4. An offense punishable with imprisonment be committed. (s. 120) & 5. If in this case, the concealment is from the part of the public servant which it is his duty to prevent. (s.119) 6. An offense punishable with imprisonment be not committed. (s. 120) & 7. If in this case the concealment is from the part of the public servant which it is his duty to prevent. (119) |
| 4. An offense punishable with imprisonment be committed. (s. 120) & 5. If in this case the concealment is from the part of the public servant which it is his duty to prevent. (s.119) 6. An offense punishable with imprisonment be not committed. (s. 120) & 7. If in this case the concealment is from the part of the public servant which it is his duty to prevent. (119) | 4. Imprisonment of the description provided for that offense, which may extend to one-fourth of the longest term of imprisonment provided for that offense or with such fine provided for that offense or with both. 5. Same as aforesaid just the imprisonment may extend to one-half. 6. Same as aforesaid just the imprisonment may extend to one-eighth. 7. Same as aforesaid just the imprisonment may extend to one-fourth. |
Abetment, as defined under the Penal Code of 1860, plays a crucial role in holding individuals accountable for indirectly participating in the commission of offenses. The law recognizes various forms of abetment, such as instigation, conspiracy, and aiding the principal offender. Those found guilty of abetment may face imprisonment as per the provisions of the Penal Code. It is essential for individuals to understand the legal implications of their actions and refrain from engaging in activities that encourage or facilitate criminal conduct.
সম্পর্কিত আর্টিকেল
কোন আর্টিকেল খুঁজছেন?
আমাদের অনুসরণ করুন
এক নজরে এই আর্টিকেলে যেসব বিষয় আলোচনা করা হয়েছে…
সাম্প্রতিক আর্টিকেল
শেষপর্যন্ত কাশ্মীরের পেহেলগাম সন্ত্রাসী হামলাই কি ভারত-পাকিস্তান যুদ্ধ বাঁধাবে?
পেহেলগাম সন্ত্রাসী হামলা, ভারত-পাকিস্তান যুদ্ধের আশঙ্কা, সিন্ধু পানি চুক্তি স্থগিত, ও সীমান্তে দ্বিপক্ষীয় সম্পর্কের অবনতি নিয়ে বিস্তারিত বিশ্লেষণ।
আদালত কী? আদালত কত প্রকার ও কি কি?
আদালত হলো রাষ্ট্র কর্তৃক স্বীকৃত সেই বৈধ প্রতিষ্ঠান, যেখানে প্রচলিত আইন অনুযায়ী বিরোধ নিষ্পত্তি, অপরাধের বিচার ও আইনি অধিকার রক্ষার প্রক্রিয়া সম্পন্ন হয়।
ইক্যুইটি বা ন্যায়বিচার (Equity) কী? ইক্যুইটির ম্যাক্সিম সমূহ কী কী?
ইক্যুইটি বা ন্যায়বিচার (Equity) হল সাধারণ আইন (Common Law) এর শর্তের বাইরে গিয়ে ন্যায্যতা ও ন্যায় নিশ্চিত করার উদ্দেশ্যে সৃষ্টি হওয়া একটি স্বতন্ত্র বিচারব্যবস্থা
আব্রাহাম চুক্তিঃ মধ্যপ্রাচ্যের রাজনীতি, এবং ফিলিস্তিনের সাথে বিশ্বাসঘাতকতা
আব্রাহাম চুক্তি হলো ইসরাইলের সাথে সংযুক্ত আরব আমিরাত ও বাহরাইন সহ আরব দেশগুলোর মধ্যে কূটনৈতিক সম্পর্ক স্বাভাবিকীকরণের জন্য একাধিক চুক্তির সমষ্টি।
পশ্চিমা ডাবল স্ট্যান্ডার্ডঃ ফিলিস্তিনের লাশের ওপর দাঁড়িয়ে মানবাধিকারের বুলি!
পশ্চিমা ডাবল স্ট্যান্ডার্ড দেখলে মনে হয়, গাজায় কোনো মানুষ নিহত হয় না—শুধু "হামাস মেম্বার" হয়! আর ইউক্রেনের গমের ক্ষেত ধ্বংস হলে "হিউম্যানিটি ক্রাইম" হয় ।