| Chapter V, section S 107 to 120, relating with | | | | or illegal omission. |
| Abatement. | | | | Thus in order to constituted abatement by |
| When several person s take part in the commission | | | | conspiracy following conditions must be there: |
| of an offence, each one of them may contribute in a | | | | 1. A conspiracy between two or more person. |
| manner and degree different from the others to the | | | | 2. An act or illegal omission may take place of that |
| commission of it. The offence may be committed by | | | | conspiracy. |
| the hands of one person at the instigation of another | | | | |
| person, while some other may only be present for | | | | |
| offering help at the time of commission of it, and still | | | | Conspiracy means an agreement between two or |
| others may help the principal culprit in procuring the | | | | more persons: |
| tolls. It is necessary, therefore, to mark the nature | | | | To do an illegal act or |
| and degree of participation of each of the persons to | | | | To do an act which is not illegal by illegal means. |
| determine their degree of culpability. However several | | | | |
| gradations of action do not necessarily imply different | | | | Thus clause II of section 107 of IPC, is a mere |
| measures of guilt with a view to distinctions in | | | | combination of person or agreement is not enough , |
| punishment. | | | | an act or illegal omission must also take place in |
| | | | | pursuance of the conspiracy and the act or illegal |
| In English Law, differently treat the principle offender | | | | omission must also be in order to the doing of the |
| who may be of first degree and accessories who | | | | thing agreed upon between them. |
| may be second degree. | | | | |
| | | | | But for an offence u/s 120A a mere agreement is |
| IPC- The Indian penal code makes a brad distinction | | | | enough, if the agreement is to commit an offence. |
| between principals and abettors but does not | | | | |
| recognize the accessory after the fact except that | | | | Clause 2 has to be read together with Explanation 5 |
| offenders has been made a substantive offence in | | | | of section 108, which provides that it is not |
| some cases. | | | | necessary to the commission of the offence of |
| | | | | abatement by conspiracy that the abettor should |
| | | | | concert the offence with the person who commit it. |
| Under IPC abatement is constituted in the following | | | | It would be sufficient if he engages in the conspiracy |
| ways: | | | | in pursuance of which the offence is committed. |
| 1. 1. Instigating. | | | | |
| 2. 2. Engaging | | | | Conviction for conspiracy- |
| 3. Aiding. | | | | No person can be convicted for conspiracy, if the |
| | | | | charge against all other conspirators has failed, or if |
| Instigating- Means the act of inciting another to do a | | | | other alleged conspirators are acquitted. |
| wrongful act. One may abet the commission of an | | | | |
| offence by counseling, suggestions, encouraging, | | | | Abatement by Aid- |
| pouring or commanding another to do an act. In | | | | A person abets the doing of a thing who intentionally |
| order to constitute abatement by instigation some | | | | aids, by any act or illegal omission, the doing of that |
| active proceeding towards the preparation of the | | | | thing. |
| crime is necessary. To instigate means to actively | | | | It would be clear if we read clause 3 of s107 with |
| suggest or stimulate by any means or language, | | | | explanation 2, that a person cannot be held guilty of |
| direct or indirect, whether it take the form of | | | | aiding the doing of an act when the act has not been |
| express solicitation or of hints, insinuation or | | | | done at all. |
| encouragement, or to provoke, incite, urge or | | | | Mere intention to facilitate, is not sufficient to |
| encourage to do an act. Any form of language may | | | | constitute abatement, unless the act which it is |
| be used but there must be reasonable certainty in | | | | intended to facilitate actually take place. |
| regard to the meaning of the words which an inciter | | | | |
| may use. | | | | Illustration- |
| | | | | |
| Illus- | | | | A servant keeps open the gate of his master's |
| A and B discovering that C intended to commit theft | | | | house, so that thieves may come, and thieves do |
| in Z's house. Arrange together to persuade him to | | | | not come. But the servant intended and informed |
| steal there from certain articles form them. Here A | | | | thieves the door is open and they can come, he |
| and B will be liable for abatement and C for theft. | | | | would be held liable for abatement. |
| | | | | |
| Mere acquiescence, silent assent or verbal permission | | | | Mere giving of aid- A mere giving of help is not |
| would not constitute instigation. | | | | amount of abatement, until the person who provides |
| A tells B that he intends to murder C,B says do as | | | | the aid does not know that an offence was being |
| you like, A kills C, here B cannot be said to have | | | | committed or constituted. |
| instigated. | | | | |
| Reason- it was meant actively to suggest or | | | | Illustration- |
| stimulate the commission of an offence. | | | | |
| | | | | A wanted to kill B, he perused C to call B, C calls B |
| Willful misrepresentation or Concealment: | | | | and B is murdered, here C provide the aid, but he did |
| Explanation I of section 107 of IPC says that | | | | not know that A wanted to kill B. So he would not |
| instigation may be constituted of willful | | | | be held liable for abatement. |
| misrepresentation or willful concealment of a material | | | | |
| fact by one who is bound to disclose it. | | | | Mere presence does not amount to aiding- |
| | | | | |
| Instigation by Letter: Instigation may be direct or it | | | | Mere presence at the commission of an office done |
| may be by a letter. Where A writes a letter to B | | | | not amount to intentional aid, unless it was intended |
| instigating thereby to murder C, the offence of | | | | to have that effect., and the present aware that an |
| abatement by instigation is completed as soon as the | | | | offence is about to be committed an office, or he |
| contents of the letter become know to B. if the | | | | actively support or present hold some position, |
| letter never reaches B, it is only an attempt to abet | | | | authority, or rank in committing the offence. |
| but not abatement. | | | | |
| | | | | Aid by illegal omission- |
| Abatement by Engaging | | | | |
| Abatement by conspiracy: abatement of conspiracy | | | | When law impose a duty on someone and he |
| consist when two or more person engage in a | | | | intentionally for adding some one in an illegal, failed to |
| conspiracy for doing a thing which is illegal thing or act | | | | discharge his duty he shall be liable for abatement. |