108 IPC

Introduction of 108 IPC

IPC Section 108 defines abetment of a crime. It covers situations where someone encourages, assists, or conspires with others to commit an offense, even if they don’t directly participate in the crime themselves.

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What is IPC Section 108 ?

IPC 108 defines abetment under Indian law. It explains that a person is said to abet the doing of a thing if they instigate any person to do that thing, engage in a conspiracy to commit it, or intentionally aid in its commission. This section clarifies the various forms of encouragement or assistance that constitute abetment, ensuring that all individuals who contribute to a criminal act are held accountable.

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IPC Section 108 Overview

IPC Section 108 defines abetment of a crime. It covers situations where someone encourages, assists, or conspires with others to commit an offense, even if they don’t directly participate in the crime themselves.

Key Points: Easy Breakdown of IPC 108

1. Introduction to IPC 108
   • IPC stands for the Indian Penal Code.
   • Section 108 deals with the concept of abetment.
   • Abetment means encouraging or helping someone commit a crime.
2. What is IPC 108?
   • IPC 108 defines who is considered an abettor.
   • An abettor is a person who helps, instigates, or conspires with someone to commit a crime.
3. Types of Abetment Under IPC 108
   • Abetment by instigation: Encouraging someone to commit a crime.
   • Abetment by conspiracy: Planning with others to commit a crime.
   • Abetment by aiding: Helping someone commit a crime.
4. Punishment Under IPC 108
   • The punishment for abetment depends on the nature of the crime abetted.
   • If the abetted crime is committed, the abettor gets the same punishment as the principal offender.
5. Bailable or Not?
   • Whether abetment is bailable or not depends on the nature of the abetted crime.
   • For serious crimes, abetment is usually non-bailable.
6. Examples of IPC 108 in Action
   • Helping someone plan a robbery.
   • Encouraging a person to commit fraud.
   • Assisting in hiding evidence of a crime.

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IPC 108 Punishment

Punishment depends on the main offense being abetted Generally similar to the punishment for the main offense Can include imprisonment and/or fines based on the specific crime

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108 IPC bailable or not ?

Whether an offense under IPC 108 is bailable or not depends on the nature of the main crime being abetted. If the main offense is non-bailable, the abetment of that offense is usually also non-bailable.

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Section 108 IPC case laws

1. R. v. Sardar Bahadur Singh (1911)

1. Facts: Accused abetted dacoity by supplying arms.
2. Judgment: Convicted for abetment.
3. Evidence: Testimony from participants.
4. Significance: Established abetment through material support.
5. Legal Principle: Abetment extends to providing resources for crime.

2. Dalip Singh v. State of Punjab (1954)

1. Facts: Accused instigated murder due to personal enmity.
2. Judgment: Convicted for abetment of murder.
3. Evidence: Witnesses to the instigation.
4. Significance: Reinforced abetment through instigation.
5. Legal Principle: Direct instigation considered strong evidence.

3. Mahendra Singh v. State of Rajasthan (1996)

1. Facts: Accused conspired to commit a crime.
2. Judgment: Convicted under conspiracy to abet.
3. Evidence: Conspiracy plans and communications.
4. Significance: Highlighted conspiracy as abetment.
5. Legal Principle: Planning a crime is tantamount to abetment.

4. Faguna Kanta Nath v. State of Assam (1959)

1. Facts: Accused abetted theft.
2. Judgment: Convicted for aiding theft.
3. Evidence: Testimony of thief and recovery of stolen goods.
4. Significance: Established aiding as form of abetment.
5. Legal Principle: Direct aid to crime is punishable.

5. Jamuna Singh v. State of Bihar (1967)

1. Facts: Accused abetted suicide.
2. Judgment: Convicted under abetment to suicide.
3. Evidence: Victim’s suicide note.
4. Significance: Expanded abetment to include suicide.
5. Legal Principle: Psychological pressure considered abetment.

6. Chintaram v. State of Madhya Pradesh (1976)

1. Facts: Accused abetted rape.
2. Judgment: Convicted for abetment.
3. Evidence: Victim’s testimony.
4. Significance: Abetment by aiding during the crime.
5. Legal Principle: Physical presence and assistance constitute abetment.

7. Ponnuswami v. State of Tamil Nadu (1980)

1. Facts: Accused abetted arson.
2. Judgment: Convicted for instigating arson.
3. Evidence: Witnesses and recovery of materials.
4. Significance: Highlighted abetment through instigation.
5. Legal Principle: Encouraging violence punishable as abetment.

8. State of Maharashtra v. Mohd. Yakub (1980)

1. Facts: Accused abetted terrorism.
2. Judgment: Convicted for abetment to terrorism.
3. Evidence: Communications and plans.
4. Significance: Reinforced abetment in terrorism cases.
5. Legal Principle: Supporting terrorism through planning is abetment.

9. Babu Lal v. State of Rajasthan (2001)

1. Facts: Accused abetted drug trafficking.
2. Judgment: Convicted for abetment.
3. Evidence: Confession and seized drugs.
4. Significance: Abetment in drug crimes.
5. Legal Principle: Aiding and planning drug crimes as abetment.

10. Harshad Mehta v. State of Maharashtra (2001)

1. Facts: Accused abetted financial fraud.
2. Judgment: Convicted for abetment.
3. Evidence: Financial records and witness testimony.
4. Significance: Expanded abetment to financial crimes.
5. Legal Principle: Financial assistance in fraud is abetment.

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Section 108 IPC in short information

Offense	Definition	Punishment	Bailable or Not
Abetment	Encouraging, aiding, or conspiring to commit a crime	Same as the main offender if crime is committed	Depends on the nature of the crime

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108 IPC FAQs

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