Asked March 01, 2017

Different offence committed abetment

  • 2 Answers

My neighbour helped his friend make a plan to commit kidnapping. He wasn't involved any further. The friend went and committed theft instead of kidnapping can my neighbour still be held liable?

Answers 2

As per the details you have provided your neighbour has abetted his friend in committing the theft and is equally liable with his friend for the punishment prescribed for theft as per IPC. This is plain general conclusion going by the simple reading of your question.

Any slight change in the facts (which sometimes you may not consider important or worth telling) can change the consequence of your actions. So according to me only after going through the detailed chain of events some legally cogent conclusion can be arrived at.

Agree Comment 0 Agrees almost 5 years ago

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This refers to Section 107 of IPC abetment. The neighbour has abetted by conspiring. The main issue here is that the offence committed is different from offence abetted. As per section 111 IPC if the different offence committed was probable to the offence abetted then the neighbour could be held liable else not.

Agree Comment 0 Agrees almost 5 years ago

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