Question 1

Is abetment a separate crime from the actual offence?

Accepted Answer

Yes. Abetment is a substantive offence in itself. You can be charged with abetment even if the actual crime was not committed.

Question 2

What is the BNS equivalent of IPC 107 (Abetment)?

Accepted Answer

IPC Section 107 → BNS Section 45. All three limbs — instigation, conspiracy, and intentional aid (including by illegal omission) — are fully preserved.

Question 3

Can abetment be committed by silence?

Accepted Answer

Generally no — mere silence is not abetment. However, the third limb expressly includes 'illegal omission' — deliberately failing to perform a legal duty to facilitate the crime. A security guard who deliberately disables CCTV knowing a theft is planned commits abetment by illegal omission.

Question 4

What is the difference between abetment (107/BNS 45) and criminal conspiracy (120A/BNS 61)?

Accepted Answer

Criminal conspiracy requires a pre-existing agreement. Abetment does not — instigation can be spontaneous, and intentional aid requires no prior meeting. Additionally, criminal conspiracy is a standalone offence; abetment requires an offence to actually be committed for Section 109/BNS 48 to apply.

Abetment: IPC 107 vs BNS 45

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