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SECTION 107 IPC - Indian Penal Code - Abetment of a thing
Last Updated: 01 Mar, 2023
By Advocate Chikirsha Mohanty
Table of Contents
Description of IPC Section 107
According to section 107 of Indian penal code, 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.
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Legal Questions Answered by Top Lawyers on IPC 107
Dear sir dapha 107 ka kya matlab hota hai ?
Answer
Section 107 of IPC deals with Abetment. Under this section Abetment of a thing.—A person abets the doing of a thing, who—
(First) — Instigates any person to do that thing; or
(Secondly) —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
(Thirdly) — Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.
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Charged u/s IPC 107/116(3) Sir i want to know can i go for gov. Job? Is this serious matter? Can i face any problem in goverment job or cherector certificate?
Answer
The provisions that you have cited refer to abetment of an offence punishable with imprisonment. Abetting an offence has the same consequences as having committed the offence itself. If a government post requires you to disclose any pending criminal complaints against you then yes you will be required to disclose this fact and it may hamper your prospects. It would be best to enter into a compromise with the parties and approach the High Court to quash the FIR so that the case against you is ....Read More
How to defend in such matters, with the Special Executive Magistrate, wherein, my friend has been given 'Show-Cause' why Bond as well as Surety of Rs. 5000/- should not be imposed on him
Answer
We will have to examine the show cause notice , as to why the notice is issued and we will have to hear your friends version aswell facts. Accordingly we will be able to advise you further the grounds of defence and reply
....Read MoreMujhe 107 Karne me lite majbur Kiya ja raha hai mere pahela ka koi criminal record nahi. Mey raat ko Ghar ja raha tha tab muje mere dost mile to mey ruk Gaya baat Karne ke liye to utne mey police wale aagay aaur ham teeno ko police station leke gaye air 1 din bitha ke rakha ipc 151 ke tehat bol Rahe they aur ipc 107 Bond paper ka kuch bol Rahe they mene kuch Kiya hi nahi hai to bhi mujhse guaranter mang Rahe Jase ke mai koi criminal hu
Answer
i don't know your area , but if you are from maharashtra ,you can file revision against this section 107 notice , in sessions court to quash it. regarding other states, if therw is not any state wise amendment in IPC regarding section 107, them same maharashtra file revision.
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Advocate Rupesh Bhalshankar
Chembur (East), Mumbai
Sir if any case filed on me like sc St case is it possible to get passport
Answer
no. according to passport act and citizenship act you can't get passport. your FIR had to be quashed and you have to get honoured acquittal by filing a criminal revision case before the high court of Madras. thereafter you can apply to passport
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I have been served a malafide notice under section 107 in my hometown in Nirsa, Dhanbad, in view of upcoming assembly elections, although I do not stay there. I have been asked to appear before Executive Magistrate on 13th Nov, 2019 and sign a bond for INR 5000. I have a few questions, what if I am not able to appear before EM on 13th Nov. What should be my course of action? Can I a file an FIR against unknown people in my village for trying to frame me and damage my reputation?
Answer
Dear Questioner
you have right to file deformation case against the person who filed case under section 107 against you on the basis of alibi but prior to that as per notice you have to appear before court and file reply.
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