CHAPTER V
OF ABETMENT

107. Abetment of a thing : A person abets the doing of a thing, who:
First: Instigates any person to do that thing; or
Secondly: Engages with one or more other person or, persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy,
And in order to the doing of that thing; or
Thirdly : Intentionally aids, by any act or illegal omission, the doing of that thing. .
Explanation 1 : A person who, by wilful misrepresentation, or by wilful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or attempts to
cause or procures a thing to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z, B,
knowing that fact and also that C is not Z, wilfully presents to A that C is Z, and thereby
intentionally cause A to apprehend C. Here B abets by instigation the apprehension of C.
Explanation 2 : Whoever, either prior to or at the time of commission of an act, does
anything in order to facilitate the commission of that act, and thereby facilitates the'
commission thereof, is said to aid the doing of that act.
108. Abettor: 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 by a person capable
by law of committing an offence with the same Intention or knowledge as that of the
abettor.
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.
Illustrations
(a) A instigates 8 to murder C, B refuses to do so. A is guilty of abetting B to commit
murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from
the wound. A is guilty of instigating B to commit murder.
Explanations 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 to commit 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, with the intention of murdering Z, instigates B, a child under seven years of age, to
do an act which causes Z's death. B, in consequence of the abetment, does the act in the
absence of A and thereby, cause Z's death. Here, though B was not capable by law of
committing an offence, A is liable to be punished in the same manner as if B had been
capable by law of committing ah offence, and had committed murder, and he is therefore
subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house, B, in consequence of the unsoundness of
his mind, being incapable of knowing the nature of the act, or that he is doing what is
wrong or contrary to law, sets fire to the house in consequence of As instigation. B has
committed no offence, but A is guilty, of abetting the offence of setting fire to a dwelling
house, and is liable to the punishment provided for that offence.
(d) A intending to cause a theft to be committed, instigates B to take property belonging to
Z out of Z's possession. A includes 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 is
guilty of abetting theft, and is 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 murder Z. B accordingly instigates C to murder Z, and
commits that offence in consequence of B's instigation. B is liable to be punished for his
offence with the punishment for murder; 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. 6
then explains the plan to C mentioning that a third person to administer the poison, but
without mentioning A's name. C agrees to procure the poison and procures and delivers it
to B for the purpose of its being used in the manner explained. A administer 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 murdered. C has,
therefore, committed the offence defined in this section and is liable to the punishment for
murder.
[108-A. Abetment in Pakistan of offences outside it: A person abets an offence within
the meaning of this Code who, in Pakistan, abets the commission of any act without and
beyond Pakistan which would constitute an offence committed in Pakistan.]
Illustration
A, in Pakistan, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of
abetting murder.
Sec. 108-A added by the Penal Code Amendment Act IV of 1898
109. Punishment of abetment if the Act abetted committed In consequence and
where no express provision is made for its punishment: Whoever abets any offence
shall, if the act abetted is committed in consequence of the abetment, and no express
provision is made by this Code, for the punishment of such abetment, be punished with
the punishment provided for the offence:
[Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in
Chapter XVI shall be liable to punishment of ta'zir specified for such offence including
death.]
Explanation : An act or offence is said-to be committed in consequence of abetment, when
it is committed in consequence of the instigation, or in pursuance of the conspiracy, or
with the aid which constitutes the abetment.
Illustration
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the
exercise of B's official functions. 6 accepts the bribe. A has abetted the offence defined in
Section 161,
(b) A instigates B to give false evidence. B, in consequence of the instigation commits that
offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison
and delivers it to B in order that he may administer it to Z. B. in pursuance of the
conspiracy, administers the poison to Z in A's absence and thereby causes Z's death.
Here B is guilty of murder. A is guilty, of abetting that offence by conspiracy, and is liable
to the punishment for murder.

Proviso added by the Criminal Law (Amendment) Act, II of 1997.
110. Punishment of abetment if person abetted does act with different intention
from that of abettor: Whoever abets the commission of an offence shall, if the person
abetted does the act with a different intention or knowledge from that of the abettor, be
punished with the punishment provided for the offence which would have been committed
if the act had been done with intention or knowledge of the abettor and with no other.
111. Liability of abettor when one act abetted and different act done : When an act is
abetted and a different act is done, the abettor is liable for the act done, in the same
manner and to the same extent as if he had directly, abetted it:
Proviso: Provided the act done was a probable consequence of the abetment; and was
committed under the influence of the instigation, or with the aid or in pursuance of the
conspiracy which constituted the abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z, and gives him poison for that
purpose. The child, in consequence of the instigation, by mistake puts the poison into the
food of Y, which is by the side of that of Z. Here if the child was acting under the influence
of A's instigation, and the act done was under the circumstances a probable consequence
of the abetment, A is liable in the same manner and to the same extent as if he had
instigated the child to put the poison into the food of.
(b) A instigates B to burn Z's house. B sets fire to the house and at the same time commits
theft of property there. A. though guilty of abetting the burning of the house, is not guilty of
abetting the theft; for the theft was a distinct act, and not a probable consequence of the
burning.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of
robbery and provides them with arms for that purpose, B and C break into the house, and
being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable
consequence of the abetment. A is liable to the punishment provided for murder.
112. Abettor when liable to cumulative punishment for act abetted and for act done:
If the act for which the abetter is liable under the last preceding section is committed in
addition to the act abetted, and constitutes a distinct offence, the abettor is liable to
punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant, B in consequence,
resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the
officer executing the distress. As B has committed both the offence of resisting the
distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for
both these offences; and: if A knew that B was likely voluntarily to cause grievous hurt
in resisting the distress A will also be liable to punishment for each of the offences.

113. Liability of abettor for an effect caused by the act abetted different from that
intended by the abettor: When an act is abetted with the intention on the part
of the abettor of causing a particular effect and an act for which the abettor is liable in
consequence of the abetment, causes a different effect from that intended by the abettor,
the abettor is liable for the effect caused, in the same manner and to the same extent as if
he had abetted the act with the intention of causing that effect, provided he knew that the
act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z B, In consequence of the instigation, causes
grievous hurt to Z. 2 dies in consequence. Here, if A knew that the grievous hurt abetted
was likely to cause death, A is liable to be punished with the punishment provided for
murder.
114. Abettor present when offence is committed : Whenever any person, who if absent
would be liable to be punished as an abettor, is present when the act or offence for which
he would be punishable in consequence of the abetment is committed, he shall be
deemed to have committed such act or offence.
115. Abetment of offence punishable with death or imprisonment for life If offence
not committed : Whoever abets the commission of an offence punishable with death or
imprisonment for life, shall, if that offence be not committed in consequence of the
abetment, and no express provision is made by this Code for the punishment of such
abetment be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
If act causing harm be done in consequence: And if any act for which the abettor is
liable in consequence of the abetment, and which cause hurt to any person, is done, the
abettor shall be liable to imprisonment of either description for a term which may extend to
fourteen years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would
have been subject to the punishment of death or transportation for fife. Therefore A is
labile to imprisonment for a term which may extend to seven years and also to a tine; and
if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to fourteen years, and to fine.
116. Abetment of offence punishable with imprisonment-if offence be not
committed: Whoever abets an offence punishable with imprisonment shall, if that offence
be not committed in consequence of the abetment, and no express provision is made by
this Code for the punishment of such abetment, be punished with imprisonment of any
description provided for that offence for a term which may extend to one-fourth part of the.
longest term provided for that offence; or with such fine as is provided for that offence; or
with both.

If abettor or person abetted be a public servant whose duty it is to prevent offence:
And if the abettor or the person abetted is a public servant, whose duty it is, to prevent
the commission of such offence, the abettor shall be punished with imprisonment of any
description provided for that offence, for a term which may extend to one-half of the
longest term provided for that offence, or with such fine as is provided for the offence, or
with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the
exercise of B's official functions. B refuses to accept the bribe. A is punishable under this
section.
(b) A instigates B to give false evidence. Here, if B does hot give false evidence A has
nevertheless committed the offence defined in this section, and is punishable accordingly.
(c) A, police officer, whose duty it is. To prevent robbery, abets the commission of robbery.
Here, though the robbery be not committed, A is liable to one-half of the longest term of
imprisonment proved for that offence, and also to fine.
(d) B abets the commission of a robbery by H, a police officer, whose duty it is to prevent
that offence. Here though the robbery be not committed, B is liable to one-half of the
longest term of imprisonment provided for the offence of robbery, and also to fine.
117. Abetting commission of offence by the public or by more than ten persons:
Whoever abets the commission of an offence by the public generally or by any number or
class of persons exceeding ten, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten
members to meet at a certain time and place, for the purpose of attacking the members of
an adverse sect, while engaged in a procession. A has committed the offence defined in
this section.
118. Concealing design to commit offence punishable with death or
Imprisonment for life if offence be committed: Whoever intending to facilitate or
knowing it to be likely that he will thereby facilitate the commission of an offence
punishable with death or imprisonment of life, voluntarily conceals by any act or illegal
omission, the existence of design to commit such offence or makes any representation
which he knows to be false respecting such design,
if offence be not committed : Shall, if that offence be committed, be punished with
imprisonment of either description for a term which may extend to seven years, or, if
the offence be not committed, with imprisonment of either description for a term which
may extend to three years; and in either case shall also be liable to fine.

Illustration
A, knowing that dacoity is about to be committed at B, falsely inform the Magistrate that a
dacoity is about to be committed at C, a place in an opposite direction, and thereby
misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity
is committed at B in pursuance of the design. A is punishable under this section,
119. Public servant concealing design to commit offence which it is his duty to
prevent: Whoever, being a public servant intending to facilitate or knowing it to be likely
that he will thereby facilitate the commission of an offence which it is his duty as such
public servant to prevent, voluntarily conceals, by any act or illegal omission, the
existence of a design to commit such offence, or makes any representation which he
knows to be false respecting such design, if offence be committed: shall, if the offence be
committed, be punished with imprisonment of any description provided for the offence, for
a term which may extend to one half of the longest term of such imprisonment, or with
such fine as is provided for that offence, or with both;
if offence be punishable with death, etc: or if the offence be punishable with death or
imprisonment for life with imprisonment of either description for a term which may
extend to ten years;
if offence be not committed : or, if the offence be not committed, shall be punished with
imprisonment of any description provided for the offence for a term which may extend to
one-fourth part of the longest term of such imprisonment or with such fine as is provided
for the offence, or with both.
Illustration
A, an officer of police, being legally bound to give information of all design as to commit
robbery, which may come to his knowledge, and knowing that B designs to commit
robbery, omits to give such information, with intent to facilitate the commission of that of
that offence. Here A has by an illegal omission concealed the existence of 6's design, and
is liable to punishment according to the provisions of this section.
120. Concealing design to commit offence punishable with imprisonment:
Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence punishable with imprisonment, voluntarily conceals, by any
act or illegal omission, the existence of a design to commit such offence, or makes any
representation which he knows to be false respecting such design,
if offence be committed; if offence be not committed : Shall, if the offence be
committed, be punished with imprisonment of the description provided for the offence,
for a term which may extend to one-fourth, and, if the offence be not committed, to one-
eighth, of the longest term of such imprisonment, or with such fine as is provided for the
offence, or with both.
CHAPTER V-A

CRIMINAL CONSPIRACY
120-A. Definition of criminal conspiracy : When two or more persons agree to do, or
cause to be done,
(1) an illegal act, or
(2) an act which is not illegal by illegal means such an agreement is designated a criminal
conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a
criminal conspiracy unless some act besides the agreement is done by one or more
parties to such agreement in pursuance thereof.
Explanation : It is immaterial whether the illegal act is the ultimate object of such
agreement, or is merely incidental to that object.
120-B. Punishment of criminal conspiracy : (1) Who ever is a party to a criminal
conspiracy to commit an offence punishable with death, imprisonment for life or rigorous
imprisonment for a term of two years or upwards, shall, where no express provision is
made in this Code for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit
an offence punishable as aforesaid shall be punished with imprisonment of either
description for a term not exceeding six months, or with fine or with both.
1. Chapter V-A ins. by the Criminal Law (Amdt.) Act, VIII of 1913.