Abetment of a thing
AI Assist
Summary
Abetment occurs when a person instigates another to do an act, takes part in a conspiracy that results in an act or illegal omission to achieve that act, or intentionally helps by an act or illegal omission. Willfully misleading or hiding a material fact to cause someone to act counts as instigation. Doing something before or at the time to make the act easier counts as aiding.
Example
Priya convinces Rohan to break into a neighbour's shop and secretly leaves a crowbar for him. When Rohan uses the crowbar and breaks in, Priya's urging and provision of the tool count as instigation and intentional aid, so she abets the break-in.
Bare Act
Enacted textA person abets the doing of a thing, who:
(1) Instigates any person to do that thing; or
(2) Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(3) Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanations
(1) A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
Illustration: A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.
(2) Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
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