Only the person who actually commits the crime can be punished.

The law also punishes people who instigate, conspire, or intentionally help — they are treated as abettors under this section.

Just being present when a crime happens counts as abetment.

Courts have clarified that mere presence isn't enough; there must be actual instigation, conspiracy with an act done pursuant to it, or intentional aid.

Indian Penal Code, 1860

Section 107

repealed

Abetment of a thing

A person abets the doing of a thing, who: Instigates any person to do that thing; or Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Intentionally aids, by any act or illegal omission, the doing of that thing.§

Why this exists

Criminal law does not only punish the person who physically commits an offence — it also punishes those who push, plan with, or knowingly help the wrongdoer. The drafters of the IPC (1860), influenced by English common-law ideas of accessories and accomplices, wanted a clear definition so that instigators, conspirators, and helpers could be held responsible even without personally committing the final act, ensuring that organisers and enablers of crime don't escape liability just because someone else 'pulled the trigger'.

How courts read it

Indian courts have repeatedly clarified that mere presence or silent knowledge is not abetment — there must be active instigation, participation in a conspiracy followed by an actual act, or intentional aid. Courts (e.g., in cases on suicide abetment) have stressed that instigation requires words or conduct meant to provoke the specific act, not just harsh statements. Judgments have also distinguished 'aiding' from merely being present at the scene, requiring proof of intention to facilitate the offence.

Common misconceptions

Myth: Only the person who actually commits the crime can be punished.
Fact: The law also punishes people who instigate, conspire, or intentionally help — they are treated as abettors under this section.
Myth: Just being present when a crime happens counts as abetment.
Fact: Courts have clarified that mere presence isn't enough; there must be actual instigation, conspiracy with an act done pursuant to it, or intentional aid.