Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.
Explanation
An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation or in pursuance of the conspiracy, or with the aid, which constitutes the abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in Section 161.
(b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(c) A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
Classification of Offence
Punishment—Same as for offence abetted—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.
IPC Section109: Simplified Explanation
IPC Section 109 of the Indian Penal Code (IPC) addresses the punishment for abetment when the act abetted is committed due to the abetment, and there is no specific provision for its punishment elsewhere in the IPC. This section is crucial for determining the legal consequences for those who abet offences. Here’s a breakdown of Section 109:
- Punishment for Abetment: If a person abets an offence and that offence is committed due to the abetment, the abettor is liable to be punished with the same penalty as if they had committed the offence themselves. This means the abettor faces the same legal consequences as the principal offender.
- Scope and Application: This provision applies when the exact offence abetted is carried out due to the abetment. The abettor’s punishment is determined by the nature and severity of the primary offence committed due to their abetment.
- Lack of Specific Provision: Section 109 is explicitly invoked in cases where the IPC does not have an express provision detailing the punishment for the abetment of that particular offence. It acts as a catch-all to ensure that abettors are held accountable even if the specific crime they encouraged isn’t uniquely addressed elsewhere regarding abetment.
- Ensuring Justice: By equating the punishment of the abettor with that of the principal offender, this section provides that those who facilitate or instigate crimes are not treated leniently simply because they did not directly commit the offence. It maintains the integrity of the legal system by ensuring that all parties involved in the commission of a crime are appropriately penalised.
IPC Section 109 plays a vital role in the criminal justice system by filling potential gaps in the law and ensuring that abettors are punished proportionately for their involvement in the crime.
