Doubt: Abettor vs Aiding in Section 107 IPC
criminal judiciary advanced doubtYaar samajh nahi aaya, please help. I'm having a major crisis while revising for Judicial Services. Can someone clarify the difference between an abettor ( Section 107 IPC ) and aiding (Section 108 IPC)? In many cases, these two concepts seem to overlap. For instance, in State of UP v. Ramesh Chand (2008 SCC 7), the court explained that 'abetting' involves instigating or encouraging, while 'aiding' involves actively assisting in the commission of a crime. But what about when an accused is found guilty of 'aiding' by providing logistical support or resources? Can we say they're an abettor too? The definitions seem to be quite close, making it difficult to pinpoint the distinction. Please help me understand this.
2 Comments
Chalo, friend, don't lose hope! Confusion between abettor aur aid in Section 107 IPC hai normal. Abettor (abhartta karne wala) actively helps culprit, while aider (madad karne wala) provides mere passive support. Think of it yeh way - abettor pulls trigger, aider just gives gun! Read judgements, understand the distinction, and you'll be a pro in no time! Keep going, aapka future bright hai!
I agree with the notion that aider is different from abettor. Section 107 IPC defines an abettor only when the person does some overt act, not merely providing guidance, encouragement, or assistance. On the other hand, a person aiding an offender under Section 109 IPC, can do so through mere presence or providing shelter, hence aiding is a broader term than abetting.