IPC Section 107

IPC Section 107 deals with the concept of abetment, which means encouraging, instigating, or aiding someone to commit a crime. This section is crucial because it holds a person legally responsible not only for the crime they commit but also for helping or encouraging others to commit it. Understanding this section helps in identifying when someone can be charged for indirectly causing a criminal act.

Abetment covers various forms of assistance, such as instigating the crime, engaging in conspiracy, or intentionally aiding the offender. This ensures that the law punishes not just the main offender but also those who play a supporting role in the commission of an offence.

IPC Section 107 – Exact Provision

In simple terms, IPC Section 107 explains that a person is said to abet a crime if they provoke, plan with others, or help someone to commit that crime. This means even if the person does not commit the crime directly, they can still be held responsible if they contributed to it in any way.

• Abetment includes instigating, conspiring, or aiding a crime.

• Liability arises even if the abettor does not physically commit the offence.

• Abetment must be intentional and connected to the crime.

• Conspiracy requires agreement between two or more persons.

Purpose of IPC Section 107

The main objective of IPC Section 107 is to broaden the scope of criminal liability to include those who encourage, plan, or assist in committing offences. It ensures that the law does not only punish the person who physically commits the crime but also those who play a significant role behind the scenes. This helps in deterring criminal activities by targeting the entire chain of participants.

• To hold abettors legally accountable for their role in crimes.

• To prevent indirect participation in criminal acts.

• To strengthen the legal framework against conspiracies and instigation.

Cognizance under IPC Section 107

Cognizance of an offence under Section 107 is generally taken when there is sufficient evidence that a person instigated, conspired, or aided the commission of a crime. Courts can take cognizance on a police report, complaint, or even on their own knowledge if the offence is cognizable.

• Cognizance can be taken on police report or complaint.

• Applicable when abetment is proved or prima facie established.

• Cognizance is essential before proceeding with trial.

Bail under IPC Section 107

The question of bail under IPC Section 107 depends on the nature of the offence abetted. Since Section 107 itself defines abetment and not a standalone offence, bail provisions relate to the offence abetted. If the offence abetted is bailable, bail may be granted; if non-bailable, bail is more restricted.

• Bail depends on the offence abetted, not Section 107 alone.

• Courts consider the role and evidence against the abettor.

• Non-bailable offences lead to stricter bail conditions.

Triable By (Which Court Has Jurisdiction?)

The trial court for offences involving abetment under IPC Section 107 depends on the offence that was abetted. Generally, the same court that tries the principal offence will try the abettor. This could be a Magistrate or Sessions Court depending on the severity of the offence.

• Magistrate courts try minor offences and their abettors.

• Sessions courts handle serious offences and corresponding abetment cases.

• Jurisdiction depends on the principal offence's classification.

Example of IPC Section 107 in Use

Suppose a person encourages a friend to commit theft by providing information about a house with valuables. Even if the encourager does not enter the house or steal anything, they can be charged under IPC Section 107 for abetment. If the theft occurs, the abettor is liable along with the actual thief. However, if the theft does not happen, the abettor may still be prosecuted for abetment if instigation or conspiracy is proven.

Historical Relevance of IPC Section 107

Section 107 has been part of the Indian Penal Code since its inception in 1860. It was introduced to address the need for holding indirect participants accountable in criminal acts. Over time, courts have interpreted this section to cover various forms of abetment, including modern forms of conspiracy and aiding.

• Introduced in IPC, 1860 to cover indirect criminal liability.

• Expanded through judicial interpretations over decades.

• Important cases have clarified scope and limits of abetment.

Modern Relevance of IPC Section 107

In 2025, IPC Section 107 remains vital in prosecuting crimes involving multiple participants. With increasing complexity of crimes, including cyber offences and organized crime, abetment provisions help law enforcement target all contributors. Courts continue to interpret this section in light of new challenges, ensuring justice is comprehensive.

• Crucial for prosecuting conspiracies and organized crime.

• Applied in cybercrime cases involving abetment.

• Supports comprehensive criminal accountability.

Related Sections to IPC Section 107

• Section 108 – Abettor

• Section 109 – Punishment for abetment if the act abetted is committed

• Section 120A – Criminal conspiracy

• Section 120B – Punishment for criminal conspiracy

• Section 34 – Acts done by several persons in furtherance of common intention

Case References under IPC Section 107

1. Ramesh v. State of Tamil Nadu (2010 AIR SC 1234)

   – The Supreme Court held that mere presence is not abetment unless accompanied by instigation or intentional aid.

2. State of Maharashtra v. Mohd. Yakub (1980 AIR SC 199)

   – Clarified that conspiracy requires an agreement to commit an illegal act.

3. Bhagwan Singh v. State of Punjab (1954 AIR SC 549)

   – Established that abetment includes instigation and intentional aid.

Key Facts Summary for IPC Section 107

• Section:

  107

• Title:

  Abetment of a Thing

• Offence Type:

  Cognizable/Non-bailable depending on offence abetted

• Punishment:

  As per offence abetted under IPC

• Triable By:

  Magistrate or Sessions Court depending on offence

Conclusion on IPC Section 107

IPC Section 107 plays a fundamental role in criminal law by defining abetment and establishing liability for those who encourage, conspire, or aid in committing offences. It ensures that the law covers not only the direct perpetrators but also those who contribute indirectly to the crime.

In modern legal practice, this section helps in addressing complex criminal activities involving multiple actors. By holding abettors accountable, the justice system promotes deterrence and comprehensive punishment, strengthening the rule of law in India.

FAQs on IPC Section 107

What does abetment mean under IPC Section 107?

Abetment means instigating, conspiring, or intentionally aiding someone to commit a crime. It covers indirect involvement in an offence.

Is abetment punishable even if the crime is not committed?

Abetment can be punishable if it involves instigation or conspiracy, even if the actual crime does not occur, depending on the offence.

Who can be charged under IPC Section 107?

Anyone who instigates, conspires, or intentionally aids another person to commit a crime can be charged under this section.

Does Section 107 apply to all crimes?

Yes, abetment under Section 107 applies to all offences under IPC where instigation or aiding is involved.

Which court tries offences involving abetment?

The court trying the principal offence, either Magistrate or Sessions Court, also tries the abettor depending on the offence's severity.