IPC Section 117
IPC Section 117 – Abettor present when offence is committed
Text of Section 117 (in simple terms):
"Whoever, being an abettor of any offence, is present when the offence is committed, shall be punished as if he had committed the offence himself."
Explanation:
Key Concepts:
Abettor:
A person who encourages, aids, or instigates someone else to commit an offence.
Present:
Physically being at the place when the offence is being committed.
What Section 117 Deals With:
This section deals with the situation when a person abets an offence and is also present at the time the offence is actually committed.
It says that such an abettor is considered equally guilty as the main offender.
Why This Section Exists:
In criminal law, abetting alone can attract punishment under Sections 107–120 of IPC.
But if the abettor is also present during the commission of the crime, then his involvement is more direct.
So, the law treats him as if he committed the crime himself, ensuring accountability.
Illustration / Example:
Suppose A plans with B to commit theft.
A is the one who actually breaks into a house and steals, while B stands nearby encouraging or assisting.
Since B was present during the act, he will be punished as if he himself committed the theft, not just as an abettor.
Difference from General Abetment:
Abetment without presence (Section 107–113): Punishment may be less, depending on the act.
Abetment with presence (Section 117): The abettor is equally liable, treated as a principal offender.
Legal Effect:
This ensures moral and legal responsibility of the abettor who participates actively by being present.
The punishment will match the punishment for the main offence under the IPC.
✅ In short:
If you abet a crime and are present when it happens, you are treated as guilty as the person committing the crime. Your physical presence makes you directly responsible.
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