Section 46 elaborates on who is considered an “abettor” under criminal law. An abettor is a person who instigates, conspires, or aids in committing an offence — even if the offence is not committed, or if the person abetted is not legally capable of committing it. The section expands liability to those who act intentionally and knowingly to cause a crime, directly or indirectly.
Key Provisions:
- A person abets an offence if they:
- Instigate the offence.
- Engage in a conspiracy, and an act or omission follows.
- Intentionally aid in the commission of the offence.
- Explanation 1: Abetment of an illegal omission is also an offence — even if the abettor is not bound to act.
- Explanation 2: It is not necessary that the offence be completed for abetment to be punishable.
- Explanation 3: The person abetted need not be legally capable or have the same guilty mind as the abettor. The abettor alone is liable.
- Explanation 4: Abetment of abetment is also an offence.
- Explanation 5: In conspiracy, it is not necessary that the abettor directly plans with the person who commits the crime. Participation in the plan is sufficient.
How It Protects:
- Closes legal gaps by penalizing those who initiate, facilitate, or plan crimes - even when done indirectly.
- Covers cases where children or persons of unsound mind are manipulated to commit offences.
- Prevents misuse of innocent or incapable persons to escape direct legal liability.
- Recognizes conspiracies and indirect involvement in crimes as legally punishable.
Examples:
- Instigation without result: A tells B to murder C. B refuses. A is still guilty of abetment.
- Instigation causing attempt: A tells B to stab D. B stabs D, who survives. A is guilty of abetment to murder.
- Abetting incapable person: A convinces a 6-year-old to poison Z. Child kills Z. A is guilty of abetting murder.
- Abetment by conspiracy: A and B plan to poison Z. B brings in C. C never meets A, but helps get the poison. C is still guilty.