What is IPC Section 107?
IPC Section 107 defines "abetment" — the legal concept that extends criminal liability beyond the person who physically commits an offence to those who instigate, conspire for, or intentionally help bring it about. It is what allows the law to punish, for example, a person who provokes another into committing an assault, or who supplies the means for a crime, even without striking a blow themselves.
Section 107 sits within Chapter V of the IPC ("Of Abetment"), which runs from Section 107 to Section 120. Section 108 separately defines who is an "abettor." Section 107 itself is purely definitional and carries no independent penalty — the punishment for abetment depends on which later section applies: Section 109 (general punishment where the offence abetted is committed and no other provision applies), Section 116 (abetment of an offence punishable with imprisonment, where the offence is not actually committed), Section 115 (abetment of an offence punishable with death or life imprisonment, where the offence is not committed), and several other provisions dealing with specific scenarios.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 107 IPC now corresponds to Section 45 of the BNS, within Chapter IV ("Of Abetment, Criminal Conspiracy and Attempt"). The definition and its two Explanations have been carried forward without substantive change. FIRs registered before 1 July 2024 continue to be tried under IPC 107; incidents after that date are registered under BNS Section 45.
Legal Provision — Text of Section 107 IPC
Explanation 1 clarifies that a person who, by wilful misrepresentation or wilful concealment of a material fact they were 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.
Explanation 2 clarifies that whoever, before or at the time of the commission of an act, does anything to facilitate its commission, and thereby facilitates it, is said to aid the doing of that act — even if their own contribution, taken alone, would not itself amount to an offence.
How Abetment Is Punished — Sections 109 to 120
Section 107 only defines the conduct; the punishment depends on the specific circumstances, covered by later sections in the same chapter. The most commonly invoked provisions are summarised below.
| Section 108 — "Abettor" defined | A person abets an offence if they abet either its commission, or an act that would be an offence if done by someone with the same intention/knowledge. The offence abetted need not actually be committed. |
|---|---|
| Section 109 — General punishment of abetment | Where the act abetted is committed in consequence of the abetment, and no express provision is made elsewhere for punishing that abetment, the abettor is punished with the same punishment provided for the offence itself. |
| Section 115 — Abetting an offence punishable with death or life imprisonment (offence not committed) | Imprisonment up to 7 years and fine; if an act causing hurt is done in consequence, imprisonment up to 14 years and fine. |
| Section 116 — Abetting an offence punishable with imprisonment (offence not committed) | Imprisonment up to one-quarter of the longest term provided for the offence, or fine, or both; if the abettor is a public servant bound to prevent the offence, up to one-half that term. |
| Section 117 — Abetting commission of offence by the public or by more than 10 persons | Imprisonment up to 3 years, or fine, or both. |
Key Ingredients / Essential Elements
Instigation
Actively provoking, urging, or encouraging another person to do a thing — including by wilful misrepresentation or concealment of a material fact (Explanation 1). Mere advice or a passive suggestion, without active incitement, is generally not enough.
Conspiracy
Engaging with one or more persons in a conspiracy for doing a thing, where an act or illegal omission actually takes place in pursuance of that conspiracy and toward that thing.
Intentional aid
Doing something, before or at the time of the act, that facilitates its commission and thereby actually facilitates it (Explanation 2) — the aid must be intentional, not accidental or incidental.
The offence abetted need not be completed
Per Section 108, abetment is a distinct offence in itself — liability can arise even where the person instigated refuses to act, or the underlying offence is never actually committed.
What Should You Do — For Complainants and For the Accused
If Someone Instigated, Conspired, or Helped Commit an Offence Against You
- Preserve evidence of the abettor's role separately from the main accused's — messages, witness accounts, or anything showing instigation, planning, or assistance.
- Abetment is generally charged alongside the substantive offence (e.g., Section 109 read with the relevant IPC section) rather than as a standalone Section 107 charge.
- Discuss with your lawyer whether the facts support instigation, conspiracy, or intentional aid, since each has a different evidentiary threshold.
If You're Accused of Abetment
- Courts have repeatedly held that mere presence, passive knowledge, or a single harsh remark, without an active or positive act, does not amount to abetment.
- Bail, cognizability, and compounding depend on the substantive offence and punishment section actually invoked (e.g., Section 109, 115, or 116) — consult a lawyer on the specific combination applied to your case.
- Gather evidence of your actual role, or lack of one, in the events leading up to the offence.
Complaint & Process Under Section 107
Identifying the Abettor's Role
Investigators assess whether a person's conduct amounts to instigation, conspiracy, or intentional aid in relation to the main offence.
Charging Under the Applicable Punishment Section
The abettor is charged not under Section 107 alone, but under Section 107 read with the specific punishment provision (commonly Section 109, 115, or 116) and the substantive offence.
Bail
Bail eligibility tracks the punishment section and substantive offence invoked — abetment of a serious offence (e.g., murder) is treated far more strictly than abetment of a minor, bailable one.
Trial
The abettor's liability is examined independently of the principal offender's — a valid abetment charge can, in some circumstances, stand even if the principal offender is acquitted.
Important / Landmark Cases on Section 107
Ramesh Kumar v. State of Chhattisgarh
The Supreme Court explained that "instigation" under Section 107 means to goad, urge forward, provoke, incite, or encourage a person to do an act, and that it can be inferred from the facts and circumstances even where no specific words are used, though there must be a reasonable certainty that the accused's conduct was intended to have that effect.
Malan v. State of Bombay (1957)
The court held that mere presence at, or ceremonial participation in, an event does not amount to intentional aid under Section 107 unless the person's conduct actively facilitated the offence — most of the accused (present at a bigamous marriage) were acquitted, while one whose active role directly facilitated the ceremony was convicted.