The Unseen Loophole in Abetment - Sec 107 IPC
criminal general beginner internship_learnOne day during my internship, we were observing a trial and the prosecutor was arguing about abetment under Sec 107 IPC. Our senior was explaining that abetment is the act of instigating or encouraging someone to commit a crime. But what he pointed out next was a game-changer. He said, "Sec 107 IPC states that abetment is complete when the act is done by the abettor. But what about cases where the abettor doesn't directly instigate, but instead creates an opportunity for the crime to be committed?" He was referring to the part that says "If such abetment is done with the intention or knowledge, that he will thereby cause or knowing it to be likely that he will thereby cause any person to do any thing which would be an offence...".
It was a subtle but crucial distinction that our textbook hadn't mentioned.
Abetment under Sec 107 IPC has a grey area, yaar! It only deals with abetment with the intention to facilitate an offence, but what about situations where someone abets an offence without knowing it? Is it still considered abetment? For instance, a person unknowingly gives information to a burglar. Courts have differing opinions on this. To clarify, it's essential to examine the mens rea (guilty mind) of the accused.