Indian Penal Code, 1860
Section 108A
repealedAbetment in India of offences outside India
A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.
Why this exists
The provision was included in the original Indian Penal Code of 1860 to close a jurisdictional gap: without it, someone sitting safely in India could plan, instigate, or assist a crime to be committed in another country and escape Indian criminal liability simply because the final act occurred outside India's territorial borders. Colonial-era lawmakers recognized that abetment (the act of helping or encouraging) is itself a distinct wrong that occurs at the point of encouragement, which in this case happens on Indian soil, regardless of where the resulting offence is carried out.
Common misconceptions
- Myth: You can't be punished in India for helping with a crime that happens in another country.
Fact: Section 108A specifically says you can be punished for abetment in India, even if the actual act occurs outside India, as long as it would be an offence under Indian law if done in India. - Myth: This section punishes the foreign act itself.
Fact: This section only punishes the abetment (the help, encouragement, or instigation) that happened in India — not the foreign act, which is governed by the laws of the country where it occurred.