Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
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 Section 110: Simplified Explanation
I am a student pursuing a Law Degree. Can you explain to me the Indian Penal Code Section 110: Punishment of abetment if the person abetted does act with different intention from that of the abettor
IPC Section 110 of the Indian Penal Code (IPC) addresses the situation where the person abetted commits the act with an intention or knowledge different from that of the abettor. This section is crucial for understanding the nuances of liability in cases of abetment. Here’s how Section 110 operates:
- Different Intentions or Knowledge: If a person abets an offence and the individual who commits the act does so with a different intention or knowledge from the abettor, the abettor is still liable for the abetment.
- Punishment for the Abettor: The abettor is liable to the same sentence as if the act had been done with the abettor’s intention or knowledge. This means the abettor is punished based on their intent or understanding at the time of abetment, not on the actual intent or knowledge of the person who committed the act.
- Scope and Application: This provision ensures that abettors cannot escape or reduce their liability simply because the person committing the act had a different mental state. It emphasizes that the abettor’s responsibility is tied to their mental state during the abetment.
- Ensuring Justice: By focusing on the abettor’s intention or knowledge, Section 110 maintains the integrity of the legal system in holding individuals accountable for their role in facilitating or encouraging crimes, regardless of the nuances in the perpetrator’s mindset.
IPC Section 110, therefore, plays a critical role in ensuring that abettors are appropriately punished for their involvement in crimes, reflecting the seriousness of their intentions and knowledge at the time of abetment.
