Section 107 IPC: Abetment of a thing

Indian Penal Code, 1860

Section 107 IPC at a Glance

Section 107 IPC deals with abetment of a thing. From 1 July 2024 it is replaced by Section 45 BNS.

Punishment

None of its own. Section 109 to Section 117 IPC punish abetment of an offence according to the offence abetted and whether it is committed.

BNS Equivalent

Section 45 →

Section 107 IPC Bare Act Text

107. 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 authorised 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 facilitates the commission thereof, is said to aid the doing of that act.

Source: Section 107, Indian Penal Code, 1860

Section 107 IPC in Simple Words

Section 107 of the Indian Penal Code (IPC) defines abetment of a thing. A person abets the doing of a thing if he instigates any person to do it, or engages with one or more others in a conspiracy for doing it and an act or illegal omission takes place in pursuance of the conspiracy and in order to the doing of that thing, or intentionally aids its doing by an act or illegal omission.

Explanation 1 treats wilful misrepresentation, or wilful concealment of a material fact one is bound to disclose, that causes or procures the thing, or attempts to, as instigation. Explanation 2 treats anything done before or at the time of an act to facilitate it, which does facilitate it, as aid.

Section 107 IPC creates no independent offence and prescribes no punishment of its own. Section 109 to Section 117 IPC punish abetment of offences.

Ingredients of Section 107 IPC

  • Instigation of any person to do that thing, which includes voluntarily causing or procuring, or attempting to cause or procure, the thing to be done by wilful misrepresentation or by wilful concealment of a material fact which the person is bound to disclose
  • Or engagement with one or more other person or persons in any conspiracy for the doing of that thing, with an act or illegal omission taking place in pursuance of that conspiracy and in order to the doing of that thing
  • Or intentionally aiding, by any act or illegal omission, the doing of that thing, including doing anything prior to or at the time of the commission of the act in order to facilitate its commission and thereby facilitating its commission

Punishment Under Section 107 IPC

Imprisonment

None of its own. Section 109 to Section 117 IPC punish abetment of an offence according to the offence abetted and whether it is committed.

Fine

None of its own. Any fine comes from the section that punishes the abetment.

Section 107 IPC has no entry in the First Schedule to the CrPC. Cognizance, bail and the trial court follow the entry for the section under which the abettor is punished.

Example of Section 107 IPC

In July 2017 in Shimla, Gautam instigated his brother Kunal to steal jewellery from a locked showroom. Kunal then engaged in a conspiracy with Dheeraj to break into the showroom, and in pursuance of that conspiracy Dheeraj bought crowbars in order to force the shutter. At the time of the break-in, a watchman, Pavan, intentionally aided Kunal by unlocking the rear gate to facilitate the entry, thereby facilitating the theft. Gautam by instigation, Dheeraj by conspiracy, and Pavan by intentional aid each abetted the doing of the act within Section 107 IPC.

When Section 107 IPC Does Not Apply

  • A bystander is merely present at the scene of the act without instigating, conspiring in, or intentionally aiding its commission.
  • Two or more people agree to do a thing, but no act or illegal omission takes place in pursuance of that conspiracy and in order to do that thing.
  • A person unknowingly supplies a tool or information without any intention to aid or facilitate the doing of the act.
  • The alleged instigation consists only of remaining silent about a fact that the person was under no legal duty to disclose, or making an honest mistake rather than a wilful misrepresentation.
  • Assistance is given only after the act has already been completed, rather than before or at the time of its commission to facilitate it.

Section 107 IPC in the BNS

Section 107 IPC is now covered under Section 45 BNS.

Section 107 IPC is replaced by Section 45 BNS. The three limbs designated First, Secondly and Thirdly in Section 107 IPC are lettered as clauses a, b and c in Section 45 BNS. In the statutory illustration, a Court of Justice becomes a Court. Explanations 1 and 2 are unchanged.

View detailed comparison (IPC 107 vs BNS 45) →

FAQs on Section 107 IPC

What does Section 107 IPC say?▼

Section 107 IPC provides that 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.

Does Section 107 IPC prescribe any punishment?▼

No. Section 107 IPC is a definition provision that creates no independent offence and prescribes no punishment. Penalties for abetting offences are prescribed under Section 109 to Section 117 IPC.

When does misrepresentation or concealment amount to instigation under Section 107 IPC?▼

Under 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.

What constitutes facilitation or aiding under Section 107 IPC?▼

Under 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 facilitates the commission thereof, is said to aid the doing of that act.

Is Section 107 IPC bailable or cognizable?▼

Section 107 IPC has no separate entry in the First Schedule to the CrPC. Cognizability, bail status, and the trial court follow the substantive offence abetted and the specific penal section charged.

Can proceedings under Section 107 IPC be compounded?▼

Section 107 IPC is not listed in Section 320 CrPC because it creates no separate offence. Whether compounding is permissible turns on whether the substantive offence abetted is compoundable under Section 320 CrPC.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 107 IPC?▼

Section 45 BNS corresponds to Section 107 IPC, retaining the three modes of abetment under clauses a, b and c along with both statutory explanations.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·