Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
Classification of Offence
Punishment—Same as for offence committed—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 Section 114: Simplified Explanation
IPC Section 114 of the Indian Penal Code (IPC) specifically addresses where an abettor is present at the scene when the offence they abetted is committed. This presence of the abettor during the commission of the crime has significant implications for their liability and the severity of their punishment. Here’s an overview of Section 114:
- Presence at the Scene: If an abettor is present at the scene when the act they abetted is committed, this presence enhances their culpability. The law treats such an abettor with increased severity because their presence could be seen as further encouragement or support for committing the offence.
- Punishment: An abettor present at the scene is liable to be punished as if they were the principal offender. This means that the abettor will face the same legal consequences as the person who directly commits the crime, reflecting the seriousness with which the law views their involvement.
- Scope and Application: This section ensures that those who play a role in facilitating or encouraging a crime and then are present to see it through are held fully accountable. It recognizes that physical presence during the crime can provide moral support, aid, or encouragement to the principal offender, thus intensifying the abettor’s role.
- Ensuring Justice: By equating the punishment of the abettor with that of the principal offender when the abettor is present, Section 114 aims to deter individuals from not only facilitating crimes but also from being physically present to support the execution of those crimes.
IPC Section 114 thereby plays a crucial role in the legal framework by ensuring that abettors present during the commission of crimes face stringent penalties reflecting their active role in the offence’s perpetration.
