Abetment may be understood by first defining the word "abet," and then looking at the circumstances in which abetments develop. From a legal standpoint, the idea of abetment appears to be easily defined, as it only happens when there are two or more people participating in a criminal act. Both preparation and execution are necessary for a successful material activity. Therefore, one can only expect assisting if both the crime's execution and its preparation are carried out by the same person.

Thus, the definition of abetment in a crime is clearly obvious from a legal standpoint. It is common knowledge that numerous actions, including the distribution, sale of narcotics, fall under the category of preventative crimes. When otherwise legal actions are conducted in order to carry out an illegal act, however, the legislator views them as criminal. As a result, lawful conduct might become illegal if it is performed with the purpose to commit a crime.

The most pertinent query at this stage is probably about the preparatory arrangements for the crime. Performance standards in operations are determined using both quantitative and qualitative measures. When two or more persons decide to perform a criminal act and exhibit offensive behaviors on the surface but lack inherent criminal tendencies, it is considered that they have made the necessary prior preparations to do so. The proven guilty activity that falls into the operations category disqualifies the abetment idea, as the abetter in a crime cannot be involved in the operations.

To sum up, the concept of abetment includes any action taken with the intent to commit a crime, provided that the action taken does not itself constitute the commission of the crime. Certain requirements must be met before abetment may be realised. There are circumstances in which abetment occurs, under the assumption that criminal intent is present. There can be no abetment unless the abetter and the offender have the same goal.[1]

Parties to a crime
A crime's parties are the alleged offenders or defendants. When breaking the law, several persons take on various responsibilities.

These are:

1. Principal offender - the main perpetrator of an offence.
2. Offender in chief - major actor in a crime.
3. Joint principals - Parties who share the same actus reus, or the actual act of committing the crime.
4. Innocent agent - the person who is unknowingly involved by the principal.
5. Secondary parties - the person who acts as accessories or accomplices to the crime.

A person is guilty of abetment if they have mens rea but were not directly involved in the actus reus. The crime of abetment is predicated on the purpose of the one who aids the one he aids, rather than on the specific actions of the one aided.

Law Relating to Abetment
The legislation that applies to everyone who is regarded to be the abettor in the commission of an offence is laid out in Chapter V of the Indian Penal Code.

Abetment is constituted by:

1. Instigating a person to commit an offence
2. Engaging in a conspiracy to commit it
3. Intentionally aiding a person to commit it

Four stages to a crime:

1. A human being must conduct an offence or criminal act, or aid and abet another person in doing so, in order for either to be considered an offence or criminal act, for which the aider and the aidee will be held accountable.
2. Intent and knowledge come into play in the second phase of any criminal act. It's an important part of every illegal conduct carried out by a human being. If your motive is to hurt other people, then anything you do is a crime.
3. If you set out to do harm to others, you need to do more than just think about it and research how to do it; you have to really do it, or at least try to.
4. The actual act of committing a crime is the final step in the criminal process and constitutes a felony in most jurisdictions.

Research Questions

• To understand the concept of abetment under IPC.
• To understand the punishment of abetment under IPC.
• Elements of abetment.
• To know the various types of abetment.
• To acknowledge the scope and ingredients of section 108.

Research Questions:

1. What is abetment under IPC?
2. What are the punishments of abetment under IPC?
3. What are the elements of abetment?
4. What are the various types of abetment?
5. What is the scope and ingredients of section 108?

Research Methodology
The research paper is predicated on the standards of qualitative research i.e., the research is based on an analysis of existing laws and propositions, and as the research is purely theoretical in nature thus, qualitative in nature. The researcher has made use of both primary and secondary data for discharging/ carrying out the current research. The reason being so is to have a broad approach towards the research. The primary source that has been referred to by the researcher constitutes observations.

To address any issues or topics that were not taken up in primary data and to have a broad and impartial view of the research topic, the researcher has resorted to secondary data such as articles, web pages, books, and journal articles, etc. The research paper revolves around doctrinal research methodology as the foundation of the research is predicated on legal propositions and different facets of law such as legal theories and legal principles.

The doctrinal research methodology is recommended to discharge effective research on such topics as it is associated with analyzing legal statutes, their development/ evolution, and their application in the present day.[2]

Literature Review

1. Abetment: important pointers you must know about" by Hema Modi.
   The author of this paper talks about abetment in detail, from Section 107 through Section 120 of the Indian Penal Code, and offers a critical analysis of the law and relevant key decisions.
2. Abetment" by Sharda Kumari.
   Chapter V, Abetting, of the Indian Penal Code of 1860 is discussed here. When it comes to doling out punishment and holding people accountable for crimes of any description, criminal law is quite clear.
3. Abetment under Section 107, IPC – Instigation, Conspiracy, Aid"
   In this article, the author defines abetment and explains various types of abetment under section 107, IPC. He also explains the punishments for abetment.
4. An Extensive Study on Abetment and Criminal Conspiracy" by Gosh Avhirup
   The purpose of this article is to examine the definition and idea of criminal conspiracy as set forth in California Penal Code sections 120A and 120B. The Criminal Law Amendment Act of 1913 introduced sections 120A and 120B to the code in an effort to formalize conspiracy as a separate crime. Section 120 B now makes it a crime to conspire to commit a crime. Let's start by defining what we mean when we talk about a criminal conspiracy.
5. Abetment under the Indian Penal Code" by Bhardwaj
   The article will examine the definition of abetment in the Indian Penal Code as well as the many theories of abetment that have been proposed to explain its use.
6. Abetment" by anonymous
   This article talks about abetment briefly and explains the 4 stages of crime. They also explain what an abettor is. [3]

What is abetment?
Those who aid in the commission of a crime fall under the purview of Section 107 of the Indian Penal Code. Any of the three ways the provision specifies are open to this aid.

Abetment is defined in the Section as the act of a person who aids in the commission of an unlawful act by any of the following:

1. Abetment by instigation (encouraging someone to do it); or
   What we often mean when we use the word "instigate" is to recommend, encourage, or incite someone to do something. Direct instigation occurs when someone says something to another directly, whereas indirect instigation occurs when someone writes something down or says something aloud or even makes a gesture.
   
   For instigation to be considered criminal, it must be sufficient to provoke the intended action. It can't just be a recommendation or piece of advice. Manipulator intent is not required (a guilty intention to commit the crime).
   
   The meaning of instigation in this setting is clarified in explanation 1 of this section.
   According to the text, instigation can occur even if:
   
   1. Fraudulence; or
   2. Willful failure to disclose information required to be disclosed
   Thus, in order to constitute "instigation," one must "goad" or "urge forward" another individual to do some sort of action. It must be proven that the defendant acted knowingly and in a manner calculated to incite the victim to commit the underlying crime of "abetting." A mysterious instigator is also a possibility. Inciting behavior requires more than just permission.
    
2. Abetment by conspiracy (taking part in a plot with another person(s) to carry out the action in question); or
   When two or more people plan to commit a crime together, they are committing a conspiracy. For this reason, it is not enough to just desire to commit a crime.
   
   Conspirators must thus agree to conduct the crime at hand and make deliberate plans to carry it out. In addition, the conspirators' end goal—the act they plot to commit—must be unlawful or punished in some way.
   
   As an instance, the victim's in-laws are frequently complicit in abetting the crime of dowry murder by conspiring with the perpetrators. They could do this by teasing, abusing, or inciting the victim on a regular basis. Suicides can also be assisted in this way by conspiracies.
   
   The substantive offence of criminal conspiracy is significantly broader in scope than abetment by conspiracy as intended under Section 107 of the Indian Penal Code, notwithstanding the strong link between the two. Comparing Section 120 B to the same provision in the Indian Penal Code, Section 109, yields no parallels. Abetting is one possible component of a conspiracy, but abetment is not the same thing as a conspiracy.
    
3. Abetment by aiding (helping someone do that on purpose.)
   To knowingly help the offender in completing the crime constitutes a third form of abetment. The abettor is considered to have aided in the commission of the crime when they provided material support for the criminal activity. Intention to help the criminal is crucial.
   
   For instance, it may not be illegal to provide an accused criminal with necessities like food or clothing. It is illegal, however, to provide someone with sustenance or shelter while he evades authorities or commits a crime.
   
   An act of abetment is complete when any one of these conditions is met. Multiple instances of these three situations can occur in a single crime.
   
   Abetment broadens the scope of criminal law to include such criminal intent and punish it, even if the buyer of the knife did not commit the murder but instead gave it to someone else. Abetment necessitates a careful examination of the term "abet" in order to be understood. To aid, advance, assist, help, and promote are all common meanings.

Who is an abettor?
According to Section 108 of the Indian Penal Code, the abettor is the person who aids in the commission of the following crimes:

1. Commission of an offence
2. Assuming the offender is not mentally or physically impaired while doing the crime.

However, if the aiding party withdraws his assistance or the assignment is revoked, he will not be held liable under this subsection. To add insult to injury, a witness who supports a criminal accusation cannot be prosecuted for doing so.

It is not essential that the act be done in order to prosecute somebody under abetment. The crime of abetment is considered committed even if the act is unfinished or halted.

A person is guilty of abetment if he intends to aid another in committing a crime, regardless of whether the person he employs to help him is aware of the crime or intends to aid in the commission of the crime.

Five propositions in section 108 of the Indian Penal Code are as follows:

• The aiding of an illegal omission or failure to act may constitute an offence even if the abettor is not directly responsible for the crime itself. A public official is also culpable if he or she commits an unlawful conduct or if he or she is instigated to commit an illegal act by a private individual.
   
• Whether or not the act was really carried out is irrelevant to whether or not there was abetment. The criminal purpose of the one who abets is what matters for the crime of abetment, not the conduct taken by the one who is aided.
   
• The third clause states that the individual need not be legally competent of committing an offence, sobbing, or having the same intents or knowledge as the abettor. It is not essential for the abettor to have the same criminal purpose or knowledge as the person whose crime is being abetted; rather, it is sufficient that the abettor merely incite the person to perform a criminal act, whether or not the person is legally able to do so.
   
• When aiding in the commission of a crime is itself an offence, preventing it is likewise an illegal act.
   
• It is not required for the abettor to know for certain that the person he or she is conspiring with will perform an unlawful act in collaboration with the abettor for there to be an offence of abetment through conspiracy. Just taking part in the plot is enough to convict someone of the crime.

Punishment of Abetment under IPC, 1860.

1. Section 109:
   Punishment of abetment if the act abetted is committed in consequences, and where no express provision is made for its punishment:
   If a person assists another in committing a crime that is punishable under this code but aiding and abetting the conduct of a crime is not, then the person's punishment will be the same as that for the crime that was aided and committed.
   
   Although an express provision is made for punishment in some cases of abetment, it should be made clear that when an act or offence is carried out in the consequence of instigation, in the pursuit of a conspiracy, or with helping, these are all elements of the abetment.
    
2. Section 110:
   Punishment of abetment if person abetted does act with different intension from that of the abettor:
   If the person who is abetted, or "abetted," does the act with different knowledge or intension from that of the "abettor," as specified in this section, then the abetted will be subject to the penalties specified for the "offence" that would have been committed if the act had been carried out with the abettor's knowledge and intent. As a result, if someone aids someone in committing a crime, and that person then commits the crime themselves, the person who aided them is just as responsible for the consequences of their actions as the person who aided them. Based on whether the aided crime is a cognizable offence, a bailable offence, a court triable offence, or a non-compoundable offence.
    
3. Section 111:
   Liability of the abettor when one act abetted and different act done
   If a person instigates, contributes material support for, or conspires with another person to commit a crime, they are held to the same standards of responsibility as the one who commits the crime directly, and if something happens that isn't a natural result of the abettor's actions, they won't be held responsible for any crime that was committed. Whether an aided crime is a cognizable, bailable, court-triable, or non-compoundable crime depends on the nature of the aided crime.
4. Section 112:
   Abettor when liable to cumulative punishment for act abetted and for act done:
   Section 112 of the Indian Penal Code is essentially an expansion of section 111. If the crime committed is not the same as the conduct abetted, but results from the abetment, incitement, or assisting for the commission of another crime, then the perpetrator is still liable under section 111. The one who indirectly aids someone else in committing a crime is just as responsible for that crime as the one who aids them directly.
   
   In this clause, the term "cumulative" is used to emphasise that the abetted act and the act done in furtherance of abetment transcend each other in form and breadth, leading to the commission of more actions and, ultimately, additional offences by the person who supported the first criminal. When one commits a crime with the intent to aid another in committing another, the abettor is also responsible for the second crime.
    
5. Section 113:
   liability of abettor for an effect caused by the act abetted different from that intended by the abettor:
   The motives and knowledge of the perpetrators play a role in all criminal activities, whether they are conducted alone or in concert with others. Even if the abettor had no intention of doing the act themselves, they are nonetheless liable for the results of the action they helped to bring about. Individuals might be held responsible for their actions regardless of whether or not their intentions were related to the outcomes they brought about.
   
   The key distinction between sections 111 and 113 is that in the former, the act assisted and the act committed are different, but the effect cause is different, but in the latter, the act abetted and the act committed are the same. Whether an aided crime is a cognizable, bailable, court-triable, or non-compoundable offence depends on the nature of the aided crime.
    
6. Section 114:
   Abettor present when offence is committed:
   According to this provision, the law will presume that the abettor has committed the offence and act in question whenever he is present when it is being committed as a consequence of the abetment for which he would be punishable, even if he is not actually present at the time of the commission of the act or crime. And the aider is subject to punishment for the crime itself and not for aiding the criminal. Whether an aided crime is a cognizable, bailable, court-triable, or non-compoundable offence depends on the nature of the aided crime.
    

Elements of abetment
An individual is guilty of the crime of abetment regardless of whether or not the person he or she abets actually commits the offence.

Whether or not the instigator really commits the crime or the conspirators actually carry out their intended goal is irrelevant for purposes of the first two clauses of this section. If the person accused of committing the crime is found not guilty of that crime, the abetment accusation against the accused is also likely to fail. This is because abetment requires proof that the accused knew or should have known that the accused was doing the crime.

In Faguna Kanta Nath v. State of Assam, the court referenced a case in which the appellant was found guilty of aiding and abetting the commission of an offence by an officer, but the officer was eventually found not guilty. However, in Jamuna Singh v. State of Bihar, it was ruled that declaring an aider could not be penalised if the principal perpetrator was acquitted was not acceptable. The court concluded that the details of the crime and the manner in which help was provided establish whether or not a person is guilty of aiding and abetting.

The scope and ingredients of section 108

1. Abetment of Illegal Omission is an Offence
   Section 108(explanation 1) states that a person might be guilty of an offence if they assist in the commission of an illegal conduct even though they are not required to do the crime themselves.
   
   If a public worker commits an illegal omission of duty that is punished under the code and a private person instigates him, the private person abets the offence of which the public servant is guilty, even though the private person could not have committed the offence himself.
    
2. Abetted Act Need not be Committed: Effect of Abetment is Immaterial
   The commission of the act assisted is not a condition to the commission of the abetment offence. Even if the perpetrator fails to carry out the act or the conduct is interrupted in any way, the abetment offence has been committed in full. Abetment by incitement is a crime that is not dependent on the actual act committed by the person who abets but rather on their purpose.
    
3. Person Abetted Need not be Capable of Committing an Offence
   The aided individual need not be legally competent to conduct the crime, nor need he share the abettor's criminal purpose or knowledge.
   For example, it is illegal to knowingly aid a minor or a mentally ill person who is legally unable to conduct a crime. In this case, one is guilty of abetment regardless of whether or not the act itself was done.
    
4. Abetment of an Abetment is an Offence
   Abetting the abettor of a crime carries the same penalties as abetting the crime itself. According to this provision, one can become an aide through the actions of a third party, even though he or she never had any contact with the person hired to aid in the offence. As an illustration, suppose that A called B and solicited the use of two lads for licit reasons. In this case, no particular young men were singled out by name.
   
   After investigating, it was determined that A incited B to join him in a criminal organisation by suggesting that they operate together employing young males. For this reason, A and B share equal responsibility.
    
5. Abettor need not Concert in Abetment by Conspiracy In the conspiracy
   Abetment by conspiracy can be committed even if the abettor does not agree with or concert the crime with the perpetrator. The fact that he takes part in the conspiracy that leads to the commission of the crime is enough.
   
   When someone has already been found guilty of an offence as a primary offender, they cannot be penalised for aiding and abetting the same offence under this provision.

Case Laws:

1. Sheodail Mal, 1894:
   This case established the legal validity of incitement both in person and in writing. If A writes B a letter encouraging B to kill C, A has committed the crime of abetment by instigation as soon as B becomes aware of the contents of the letter.
    
2. Queen vs Mohit:
   In front of the accused, a woman readied herself to go sutti. They joined her at the funeral pyre, where they chanted "Ram Ram" with her stepsons. The women were instructed to say "Ram Ram" by one of the accused, who has now admitted to doing so. It was believed that everybody who accompanied her to the pyre and cheered for her as she screamed "Ram Ram" was complicit in her murder.
    
3. Pandala Venkatasami 1881:
   It was determined that one is guilty of abetment of forgery if he or she creates, in coordination with others, a copy of an intended fake document, buys stamp paper for the purpose of writing such a false document, and asks for information as to fact to be included in such a false document.
    
4. In Sherimon Vs. State of Kerala (2012 I Cri.L J. SC):
   The appellant, who worked in the auto financing industry, plotted with three individuals to take an auto rickshaw from a customer who had fallen behind on payments. In furtherance of the plan, the other accused defendants hired an auto rickshaw, killed the driver, and stole the vehicle.Despite the fact that the appellant wasn't there when the driver was killed, the court ruled that a conspiracy offence requires a meeting of the minds leading to a decision on the commission of a crime. According to the court, there simply isn't enough evidence to conclude that the appellant and the other defendants were involved in a criminal conspiracy. The appellant's Section 120 B-aided conviction may be overturned. Concerning Section 34 of the Code, it reflects the notion of joint culpability in the committing of a criminal act, with the essential of such liability being the presence of a shared purpose. Involvement in the crime itself, furthering the shared goal, opens the door to its use.
    
5. State of Tamil Nadu vs. Nalini (1999 Cri.LJ 2516 SC) - Rajiv Gandhi Assassination Case:
   It was decided that merely being associated with the main accused or having knowledge of the conspiracy does not make one a conspirator. Instead, agreement is the necessary condition for the commission of the crime of conspiracy.

Conclusion
At the end of this paper, we can conclude by saying that abetment is a separate and independent crime, punishable whether or not the conduct aided is actually carried out. The Indian Penal Code of 1860 makes it clear that in addition to the individual who actually does the conduct that was the result of incitement, conspiracy, and help, the person who was responsible for instigating the crime is equally responsible for abetment.

The crime of abetment has been sufficiently defined, and the punishment for those who do it is sufficient. However, Indian law has attempted to update this clause in light of technological developments and the current situation. The clause was revised so that the act and omission using encryption or other electronic technique would have a broader meaning as a result of the Information Technology (Amendment) Act, 2008.

As a result, we conclude that criminalising abetment is a reasonable and fair rule that contributes to the ideal of natural justice in the law. Abetment can occur at any of the four stages of criminal activity—from original preparation to execution—and is punished by jail, fine, or both, depending on the specific legislation.

And therefore, in contrast to common assumption, not only the criminal but also his or her helper will bear responsibility.

References:

1. Hema Modi, "Abetment: important pointers you must know about", IPLEADERS (29th November, 2019), https://blog.ipleaders.in/abetment/#Scope_and_Ingredients_of_Section_108
2. Gosh Avhirup, "An Extensive Study On Abetment And Criminal Conspiracy", LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-6056-an-extensive-study-on-abetment-and-criminal-conspiracy.html
3. Anonymous, "Abetment under Section 107, IPC – Instigation, Conspiracy, Aid", TOPPR, https://www.toppr.com/guides/legal-aptitude/indian-penal-code/abetment-under-section-107-ipc-instigation-conspiracy-aid/
4. Dhruv Bhardwaj, "Abetment under the Indian Penal Code", IPLEADERS (18th July, 2018), https://blog.ipleaders.in/abetment-ipc/#Types_of_Abetment_under_the_Indian_Penal_Code
5. Anonymous, "Abetment", UNACADEMY, https://unacademy.com/content/upsc/study-material/law/abetment/
6. Sharda Kumari, "Abetment", LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-2753-abetment.html

End-Notes:

1. Hema Modi, "Abetment: important pointers you must know about", IPLEADERS (29th November, 2019), https://blog.ipleaders.in/abetment/#Scope_and_Ingredients_of_Section_108
2. Gosh Avhirup, "An Extensive Study On Abetment And Criminal Conspiracy", LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-6056-an-extensive-study-on-abetment-and-criminal-conspiracy.html
3. Anonymous, "Abetment under Section 107, IPC – Instigation, Conspiracy, Aid", TOPPR, https://www.toppr.com/guides/legal-aptitude/indian-penal-code/abetment-under-section-107-ipc-instigation-conspiracy-aid/
4. Dhruv Bhardwaj, "Abetment under the Indian Penal Code", IPLEADERS (18th July, 2018), https://blog.ipleaders.in/abetment-ipc/#Types_of_Abetment_under_the_Indian_Penal_Code
5. Anonymous, "Abetment", UNACADEMY, https://unacademy.com/content/upsc/study-material/law/abetment/
6. Sharda Kumari, "Abetment", LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-2753-abetment.html