BACK TO SECTIONS(2001) 1 SCC 378
VariesCognizable: VariesVaries
THE STATUTE
Original Text
A person abets the doing of a thing, who — First. Instigates any person to do that thing; Secondly. Engages with one or more other persons in any conspiracy for the doing of that thing...; Thirdly. Intentionally aids, by any act or illegal omission, the doing of that thing.
Simplified
Section 107 defines the three pathways through which a person can be an 'abettor' — one who assists in crime without personally committing it. Instigation (First limb) means actively urging, encouraging, or inciting another to commit an offence — through words, gestures, signals, or wilful misrepresentation. Conspiracy (Second limb) captures the planning partner — someone who agrees with others on a criminal design that is then executed. Intentional Aid (Third limb) is the widest: physically helping, providing logistics, removing obstacles, or committing an 'illegal omission' (deliberately failing to do something one has a legal duty to do in order to facilitate the crime). The watchman who deliberately looks away during a robbery commits abetment by illegal omission. The key word throughout is 'intentionally' — mere knowledge that a crime is being committed is not abetment.
Legal Evolution
Section 107 was Macaulay's mechanism for ensuring criminal masterminds and facilitators could not escape liability by keeping their own hands clean. Extensively used in organised crime, dowry death, and terrorism prosecutions where the directing mind operates at a safe distance.
Landmark Precedents
Saju v. State of Kerala (2001)
RELEVANCE
Abetment by instigation requires active suggestion or stimulation — mere association with the offender is insufficient.
Practical Scenarios
"A gang boss who orders a murder by telephone — abetment by instigation; equally liable as the killer."
"A person who provides the weapon knowing it will be used in an assault — abetment by intentional aid."
"A security guard who deliberately disables CCTV knowing a theft is planned — abetment by illegal omission."
Common Queries
Mere silence is generally not abetment unless there is a legal duty to speak or act. However, 'illegal omission' — deliberately failing to perform a legal duty to facilitate a crime — is expressly included in the third limb.