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IPC, 1860
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IPCChapter VSection 108A
Section108A

Abetment in India of offences outside India

AI Assist

Summary

If a person in India instigates, encourages, or helps someone to do an act abroad that would be an offence if done in India, that person can be guilty of abetment. It applies when the abettor’s conduct happens in India but the physical act occurs outside India. The consequence is criminal liability in India for abetment under this Code.

Example

Priya in Delhi messages Arjun in Dubai and asks him to hack a company’s servers there and transfer money to her account. The hacking and theft happen abroad, but those acts would be offences if done in India, so Priya can be held guilty of abetment in India.

Bare Act

Enacted text

A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Illustrations

(1) A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.

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V

Chapter V

Abetment

In this chapter

  • 107Abetment of a thing
  • 108Abettor
  • 108AAbetment in India of offences outside India
  • 109Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
  • 110Punishment of abetment if person abetted does act with different intention from that of abettor
  • 111Liability of abettor when one act abetted and different act done
  • 112Abettor when liable to cumulative punishment for act abetted and for act done
  • 113Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
  • 114Abettor present when offence is committed
  • 115Abetment of offence punishable with death or imprisonment for life if offence not committed
  • 116Abetment of offence punishable with imprisonment—if offence be not committed
  • 117Abetting commission of offence by the public or by more than ten persons
  • 118Concealing design to commit offence punishable with death or imprisonment for life
  • 119Public servant concealing design to commit offence which it is his duty to prevent
  • 120Concealing design to commit offence punishable with imprisonment
Previous · Section 108AbettorNext · Section 109Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment