It is widely acknowledged that solitary endeavors are rare, as individuals often require assistance to accomplish tasks. In legal terms, crimes or actions can be perpetrated independently or collaboratively with the aid of others. While one individual may physically carry out the action, others may provide support, whether through the provision of tools or other means, and may even encourage the commission of the act. In instances where one person encourages another to engage in criminal behavior, this constitutes abetment, and the individual encouraging the commission of the crime is legally termed an abettor.

According to the Punjab High Court in Case of Kartar Singh v/s state of Punjab (1994 cri ljj 3139):-   

“under the penal code a person becomes liable as an abettor if he instigates another to commit a crime, or engages in a conspiracy with another to commit a crime and some act is done in furtherance of such conspiracy or if he intentionally aids another in order to facilitate the commission of a crime. The term ‘abet’ in general usage means to assist, advance, aid, conduce, help and promote. The word ‘abet’ has been defined as meaning to aid; to assist or to give aid; to command, to procure, or to counsel; to countenance; to encourage; induce, or assist, to encourage or to set another one to commit”

When looked in the provisions of Indian penal code, chapter 5 of the act deals with with the concept of “of abetment”, which has been dealt under section 107-120. The whole law regarding the abetment and the punishment and the consequences thereof has been dealt with, in the chapter of the Indian penal code.

As per the stipulations within the act, an individual may be held accountable for abetment if they:

1. Incite another person to commit that particular action.
2. Collaborate with one or more individuals in a conspiracy to execute that action, resulting in an unlawful omission during the execution of that conspiracy, all while aiming to accomplish the said action.
3. Deliberately assist in the execution of that action through any act or unlawful omission.

If an individual is found guilty of any of the aforementioned acts, they will be held liable for abetment, and the punishment imposed will be equivalent to what it would have been if they had committed the act themselves.

In English law, criminals are categorized into four classes:

1. Principal in the first degree: Those who directly commit the crime.
2. Principal in the second degree: Individuals who aid and abet the person committing the crime at the time of its commission.
3. Accessory before the fact: Those who, although absent during the crime’s commission, incite, counsel, command, or abet another to commit it.
4. Accessory after the fact: Those who, knowing that the offense has been committed, provide assistance, relief, comfort, or support to the offender.

In Indian law, those who aid and abet offenders are referred to as “harborers” and are punished accordingly. The term “harbor” is defined in Section 52A of the Code of Civil Procedure.

Abetment under Indian law can take various forms:

1. Abetment by instigation occurs when someone encourages or provokes another person to commit an act or omission that leads to a criminal act. This encouragement can be direct or indirect and may include signs, signals, or gestures that incite the commission of the crime.
2. Abetment by conspiracy involves a person entering into an agreement with one or more individuals to commit a crime.
3. Abetment by aid entails providing assistance, including arms or other forms of help, to a person involved in the commission of a crime. This form of abetment can also encompass actions taken to destroy evidence or aid the criminal after the crime has been committed. It’s important to note that:
4. The act of providing aid must be intentional.
5. The aid must be provided either before or at the time of the commission of the abetted offense.

Furthermore, a person who abets an act can be held liable for the abetment even if they did not directly commit the act themselves. It must be established that the abetment of the crime occurred, and the person responsible for the abetment will be equally culpable for the act as the person who carried it out.

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