IPC Section 105
IPC Section 105 – “Abetment of a Thing by the Means of Instigation”
Exact Wording (Simplified):
Section 105 of the Indian Penal Code defines what constitutes abetment by instigation.
Key Points:
Definition of Abetment by Instigation:
A person abets the doing of a thing if they instigate someone to do it.
“Instigate” means encouraging, provoking, or urging someone to commit an act that is illegal or wrongful.
The instigation can be through words, gestures, or writing.
Who is Abettor:
The person who instigates or encourages another to commit the act is called the abetor.
The person who actually commits the act is the principal offender.
Key Elements of Section 105:
To prove abetment by instigation:
There must be an act of instigation.
The instigation must be intentional.
The instigation must lead or be intended to lead to the commission of the crime.
Modes of Instigation:
Direct: Verbally encouraging someone to commit a crime.
Indirect: Writing a letter, sending a message, or giving signals that prompt the act.
Psychological pressure: Threats, coercion, or manipulation can also count.
Example Scenarios:
A tells B, “Go and steal from that shop,” and B commits theft → A is an abettor under Section 105.
A writes a letter encouraging B to commit fraud → A is an abettor.
Connection with Other Sections:
Sections 107–120 deal with abetment of various crimes.
Section 105 specifically defines instigation as a form of abetment.
Abetment can also occur by conspiracy (planning with others) or aiding someone in committing the crime.
✅ Summary:
IPC Section 105 defines abetment by instigation, meaning a person intentionally encourages or provokes another person to commit a crime. The instigator is liable as an abettor, even if they do not physically commit the crime themselves.
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