Section 84 - Abetment of offence defined.

A person abets an offence who abets either the commission of an offence or the commission of an act which would be an offence, if committed with the same intention or knowledge as that of the abettor by a person capable by law of committing an offence.

Explanation

1. The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation

2. To constitute the offence of abetment, it is not necessary that the act abetted should be committed or that the effect requisite to constitute the offence should be caused.

Illustration

(a) A instigates B to 'kill C. B refuses to do so. A is guilty of abetting B to commit culpable homicide.

(b) A instigates B to kill D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit culpable homicide.

Explanation

3. It is not necessary that the person abetted should be capable by law of committing an offence or that he should have the same guilty intention or knowledge as that of the abettor or any guilty intention or knowledge.

Illustration

(a) A, with a guilty intention, abets a child or a lunatic in committing an act which would be an offence, if committed by a person capable by law of committing an offence and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

(b) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z's possession. A induces B to believe that the property belongs to A. B takes the property out of Z' s possession in good faith believing it to be A's property. B acting under this misconception does not take dishonestly and therefore does not commit theft. But A is guilty of abetting theft andis liable to the same punishment as if B had committed theft.

Explanation

4. The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Illustration

A instigates B to instigate C to kill Z. B accordingly instigates C to kill Z and C kills Z in consequence of B' s instigation. B is liable to be punished for his offence with the punishment for culpable homicide; and; as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation

5. It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it; it is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration

A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison but without mentioning A's name. C agrees to procure the poison and provides and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been killed, C has therefore committed the offence defined in this section and is liable to the punishment for culpable homicide.