Abetment Questions and Answers

Q: According to Section 107, a person abets the doing of a thing when he :

The answer is All of the above.Section 107 of the Indian Penal Code says a person abets the doing of a thing who:instigates any person to do that thing; orengages with one or more other persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of the conspiracy; orintentionally aids, by any act or illegal omission, the doing of that thing.Each of the first three options states one of these three modes of abetment, so none alone is complete.

Q: For abetment by conspiracy :

For abetment by conspiracy, some act or illegal omission must take place in pursuance of the engagement.Section 107 of the IPC describes three forms of abetment. The second, conspiracy, requires that the person engages with others in a conspiracy to do a thing, and that an act or illegal omission takes place in pursuance of that conspiracy and in order to do that thing. A mere agreement is enough for criminal conspiracy as a separate offence under Section 120A, but not for abetment by conspiracy.Intentional aid is abetment by aiding, and instigation is abetment by instigation, the third and first forms.

Q: Whoever aids or abets the actual commission of crime either at the place where it is committed or eleswhere is a :

Such a person is a principal in the second degree.At common law the principal in the first degree is the one who actually commits the crime. A principal in the second degree is present, actually or constructively, at the commission and aids or abets it, for example by keeping watch.An accessory before the fact counsels or procures the crime but is absent when it is committed, and an accessory after the fact helps the offender escape after the crime.

Q: Which of the following comes under the category, one who assists a felony after his crime with a view to shielding from justice ?

Such a person is an accessory after the fact.In the common-law classification of parties to a felony, an accessory after the fact is one who, knowing that a felony has been committed, receives, relieves, comforts or assists the felon in order to shield him from justice.A principal in the first degree commits the offence himself; a principal in the second degree is present and aids or abets at the time; and an accessory before the fact counsels or procures the offence beforehand but is absent when it is committed. Only the accessory after the fact acts after the crime.

According to Section 107, a person abets the doing of a thing when he :

A.Instigates a person to commit an offence
B.Engages with one or more persons in a conspiracy to commit an offence
C.Intentionally aids, by an act or illegal omission, the doing of that thing
D.All of the above

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: D

The answer is All of the above.

Section 107 of the Indian Penal Code says a person abets the doing of a thing who:

instigates any person to do that thing; or
engages with one or more other persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of the conspiracy; or
intentionally aids, by any act or illegal omission, the doing of that thing.

Each of the first three options states one of these three modes of abetment, so none alone is complete.

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For abetment by conspiracy :

A.A mere agreement between two or more persons to do an unlawful act is enough
B.Some act or illegal omission must take place in pursuance of an engagement between two or more persons to do an unlawful act.
C.There must be an intentional aid by one person to another for the doing of an offence.
D.One person must instigate the other for the commission of an offence.

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: B

For abetment by conspiracy, some act or illegal omission must take place in pursuance of the engagement.

Section 107 of the IPC describes three forms of abetment. The second, conspiracy, requires that the person engages with others in a conspiracy to do a thing, and that an act or illegal omission takes place in pursuance of that conspiracy and in order to do that thing. A mere agreement is enough for criminal conspiracy as a separate offence under Section 120A, but not for abetment by conspiracy.

Intentional aid is abetment by aiding, and instigation is abetment by instigation, the third and first forms.

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Whoever aids or abets the actual commission of crime either at the place where it is committed or eleswhere is a :

A.Principal in the first degree
B.Principal in the second degree
C.Accessory before the fact
D.Accessory after the fact

Exam Year(s)

MH SET - 2024, SET Exam - 2024,

Answer: B

Such a person is a principal in the second degree.

At common law the principal in the first degree is the one who actually commits the crime. A principal in the second degree is present, actually or constructively, at the commission and aids or abets it, for example by keeping watch.

An accessory before the fact counsels or procures the crime but is absent when it is committed, and an accessory after the fact helps the offender escape after the crime.

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Which of the following comes under the category, one who assists a felony after his crime with a view to shielding from justice ?

A.Principal in the first degree
B.Principal in the second degree
C.Accessory before the fact
D.Accessory after the fact

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: D

Such a person is an accessory after the fact.

In the common-law classification of parties to a felony, an accessory after the fact is one who, knowing that a felony has been committed, receives, relieves, comforts or assists the felon in order to shield him from justice.

A principal in the first degree commits the offence himself; a principal in the second degree is present and aids or abets at the time; and an accessory before the fact counsels or procures the offence beforehand but is absent when it is committed. Only the accessory after the fact acts after the crime.

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