Abetment under IPC Sections 107-120: Meaning, Liability, Punishment and Classification

Chapter V of the Indian Penal Code, 1860 dealt with abetment. This article explains the legal meaning of abetment and an abettor, the rules of liability in Sections 109-114, punishment where the contemplated offence is not committed, and concealment of criminal designs under Sections 115-120.

Applicable-law note: This page explains the IPC and CrPC legal position applicable before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. It is retained for matters in which the earlier law remains relevant.

What was abetment under the Indian Penal Code?

Section 107 IPC - Abetment of a thing: A person abets the doing of a thing by (1) instigating another person to do it, (2) engaging with one or more persons in a conspiracy for doing it where an act or illegal omission occurs in pursuance of that conspiracy and in order to do that thing, or (3) intentionally aiding the doing of that thing by an act or illegal omission.

For Section 107, wilful misrepresentation or wilful concealment of a material fact which a person is bound to disclose can amount to instigation when it voluntarily causes, procures, or attempts to cause or procure the thing to be done. Intentional assistance given before or at the time of the act, where it facilitates commission, may amount to aiding.

Section 108 IPC - Abettor: An abettor is a person who abets the commission of an offence, or an act which would be an offence if committed by a person legally capable of committing it with the same intention or knowledge as the abettor. The section also made clear that completion of the act abetted was not always necessary for abetment.

Section 108A IPC: It extended the concept of abetment to specified acts abetted in India but committed outside India where the act would constitute an offence if committed in India.

Section 109 IPC - Punishment when the act abetted is committed

Section 109 applied where a person abetted an offence, the act abetted was committed in consequence of that abetment, and the IPC contained no separate express provision prescribing punishment for that abetment. In such a case, the abettor was punishable with the punishment provided for the offence abetted.

Key requirement: The act or offence must be committed in consequence of the instigation, in pursuance of the conspiracy, or with the aid that constituted the abetment.

Section 110 IPC - Person abetted acts with a different intention

Where the person abetted did the act with an intention or knowledge different from that of the abettor, Section 110 made the abettor punishable for the offence that would have been committed had the act been done with the abettor's intention or knowledge and with no other.

Section 111 IPC - One act abetted but a different act done

If one act was abetted and a different act was done, the abettor could be liable for the act actually done in the same manner and to the same extent as if the abettor had directly abetted it, provided the act done was a probable consequence of the abetment and was committed under the influence of the instigation, aid, or conspiracy constituting the abetment.

Section 112 IPC - Cumulative punishment for the act abetted and the act done

Section 112 addressed a situation covered by Section 111 where the act for which the abettor became liable was committed in addition to the act abetted and constituted a distinct offence. The abettor was liable to punishment for each offence.

Section 113 IPC - Different effect caused from that intended

Where an act was abetted with the intention of causing a particular effect, but the act for which the abettor was liable caused a different effect, the abettor could be liable for the effect actually caused if the abettor knew that the act abetted was likely to cause that effect.

Section 114 IPC - Abettor present when offence is committed

When a person who would have been punishable as an abettor if absent was present when the act or offence was committed, Section 114 deemed that person to have committed the act or offence itself.

Section 115 IPC - Abetment of offence punishable with death or imprisonment for life

Where the offence abetted was punishable with death or imprisonment for life but was not committed in consequence of the abetment, and no express punishment for the abetment was otherwise provided, the abettor could be punished with imprisonment of either description for up to seven years and fine. If an act for which the abettor was liable was done in consequence and caused hurt to any person, imprisonment could extend to fourteen years, with fine.

Section 116 IPC - Abetment of an imprisonable offence when offence is not committed

Where an offence punishable with imprisonment was abetted but was not committed in consequence, and no express punishment for the abetment was provided, punishment could extend to one-fourth of the longest term provided for that offence, or the fine provided for it, or both.

If the abettor or the person abetted was a public servant whose duty was to prevent the offence, punishment could extend to one-half of the longest term provided for that offence, or the prescribed fine, or both.

Section 117 IPC - Abetting an offence by the public or more than ten persons

Section 117 punished abetment of an offence by the public generally, or by any number or class of persons exceeding ten. Punishment could extend to three years' imprisonment of either description, or fine, or both.

Section 118 IPC - Concealing a design to commit an offence punishable with death or life imprisonment

A person who intended to facilitate, or knew it to be likely that he would thereby facilitate, an offence punishable with death or imprisonment for life, and voluntarily concealed the existence of a design to commit that offence or made a representation known to be false about that design, was punishable under Section 118.

If the offence was committed, punishment could extend to seven years and fine. If it was not committed, punishment could extend to three years and fine.

Section 119 IPC - Public servant concealing a design to commit an offence

Section 119 applied where a public servant, intending to facilitate or knowing it likely that concealment would facilitate an offence which it was the public servant's duty to prevent, voluntarily concealed the design or made a representation known to be false concerning it.

If the offence was committed, punishment could extend to one-half of the longest term of imprisonment provided for that offence, or the applicable fine, or both. If the offence was punishable with death or imprisonment for life, imprisonment could extend to ten years. If the offence was not committed, punishment could extend to one-fourth of the longest term, or the applicable fine, or both.

Section 120 IPC - Concealing a design to commit an offence punishable with imprisonment

Section 120 dealt with intentional concealment of a design to commit an offence punishable with imprisonment, or a knowingly false representation about such design, where the person intended to facilitate or knew the concealment was likely to facilitate the offence.

If the offence was committed, punishment could extend to one-fourth of the longest term of imprisonment provided for the offence, or the applicable fine, or both. If it was not committed, punishment could extend to one-eighth of the longest term, or the applicable fine, or both.

Classification of offences under Sections 109-120 IPC

The First Schedule to the Code of Criminal Procedure, 1973 classified IPC offences for procedural purposes. The entries below state the substance of the relevant entries. Where classification depends on the offence abetted, the cognizable or non-cognizable status, bailability, and trial court follow that underlying offence.

Chapter V - Abetment: pre-BNS and pre-BNSS classification
Section	Substance	Punishment	Cognizability	Bail	Court
109	Act abetted committed; no express punishment for abetment	Same as offence abetted	As offence abetted	As offence abetted	Court trying offence abetted
110	Person abetted acts with different intention or knowledge	As provided by Section 110	As offence abetted	As offence abetted	Court trying offence abetted
111	Different act done from act abetted, subject to statutory conditions	Same as offence intended to be abetted	As offence abetted	As offence abetted	Court trying offence abetted
113	Different effect caused from effect intended by abettor	Same as offence committed	As offence abetted	As offence abetted	Court trying offence abetted
114	Abettor present when offence committed	Same as offence committed	As offence abetted	As offence abetted	Court trying offence abetted
115	Death/life offence abetted but not committed	Up to 7 years and fine	As offence abetted	Non-bailable	Court trying offence abetted
115	Act causing hurt done in consequence	Up to 14 years and fine	As offence abetted	Non-bailable	Court trying offence abetted
116	Imprisonable offence abetted but not committed	Up to one-fourth of longest term, or fine, or both	As offence abetted	As offence abetted	Court trying offence abetted
116	Abettor or person abetted is public servant bound to prevent offence	Up to one-half of longest term, or fine, or both	As offence abetted	As offence abetted	Court trying offence abetted
117	Abetting offence by public or more than ten persons	Up to 3 years, or fine, or both	As offence abetted	As offence abetted	Court trying offence abetted
118	Concealment of design for death/life offence, if committed	Up to 7 years, or fine, or both	As offence abetted	Non-bailable	Court trying offence abetted
118	Same design, if offence not committed	Up to 3 years, or fine, or both	As offence abetted	Bailable	Court trying offence abetted
119	Public servant conceals design; offence committed	Up to one-half of longest term, or fine, or both	As offence abetted	As offence abetted	Court trying offence abetted
119	Underlying offence punishable with death or life imprisonment	Up to 10 years	As offence abetted	Non-bailable	Court trying offence abetted
119	Offence not committed	Up to one-fourth of longest term, or fine, or both	As offence abetted	Bailable	Court trying offence abetted
120	Concealment of design for imprisonable offence, if committed	Up to one-fourth of longest term, or fine, or both	As offence abetted	As offence abetted	Court trying offence abetted
120	Same design, if offence not committed	Up to one-eighth of longest term, or fine, or both	As offence abetted	Bailable	Court trying offence abetted

Note: Sections 107, 108, 108A and 112 define or regulate abetment but do not appear as separate offence-classification rows in the same manner as Sections 109-120 in the CrPC First Schedule.

Abetment and criminal conspiracy are not identical

Abetment by conspiracy under Section 107 required engagement in a conspiracy plus an act or illegal omission in pursuance of that conspiracy and in order to the doing of the thing. Criminal conspiracy was separately defined in Section 120A IPC and punished by Section 120B IPC. The provisions should therefore be read according to their distinct statutory ingredients.

Practical reading of an abetment charge

When examining an allegation of abetment under the IPC-era law, identify the precise mode alleged under Section 107, the intention or knowledge attributed to the alleged abettor, the principal offence, whether the principal act was committed, whether a different act or effect occurred, and whether the IPC contained a specific punishment provision. Procedural classification should then be checked with the applicable entry in the CrPC First Schedule.