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IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Indian Penal Code 1860
Act Number Enactment Date Chapter Number
45 06.10.1860 5
Chapter Title Sub-Chapter Legislated by
Of Abetment - Parliament of India

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.

Offence Description Punishment provided Cognizable/Non-Cognizable
Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. Same as for offence abetted. According as offence abetted is cognisable or non-cognisable
Bailable/Non-Bailable Trial Court Details Compoundable/Non-Compoundable
According as offence abetted is bailable or non-bailable Court by which offence abetted is triable Non-Compoundable
Compoundable by Whom Concerned Ministry Concerned Department
Non-Compoundable Ministry of Home Affairs Department of Internal Security
 

 
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Related judgement on IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Devendra Kumar Saxena Vs. Central Bureau of Investigation (CBI), 2021 Latest Caselaw 212 SC Nimay Sah Vs. State of Jharkhand, 2020 Latest Caselaw 630 SC SOMASUNDARAM @ SOMU vs. STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE, 2020 Latest Caselaw 384 SC SAMTA NAIDU vs. STATE OF MADHYA PRADESH, 2020 Latest Caselaw 219 SC CENTRAL BUREAU OF INVESTIGATION (CBI) vs. MRS. PRAMILA VIRENDRA KUMAR AGARWAL, 2019 Latest Caselaw 922 SC SAMSUL HAQUE vs. THE STATE OF ASSAM, 2019 Latest Caselaw 774 SC Sheila Sebastian Vs. R. Jawaharaj & ANR. Etc. [May 11, 2018], 2018 Latest Caselaw 370 SC Joseph Vs. State, Rep. by Inspector of Police [December 14, 2017], 2017 Latest Caselaw 903 SC Joseph Vs. The State of Tamil Nadu [December 14, 2017], 2017 Latest Caselaw 896 SC Seeni Nainar Mohammed Vs. State Rep. by Deputy Superintendent of Police [April 27, 2017], 2017 Latest Caselaw 382 SC Virupakshappa Gouda and another Vs. The State of Karnataka and another [March 28, 2017], 2017 Latest Caselaw 272 SC State of Karnataka Vs. Selvi J. Jayalalitha & Ors. [FEBRUARY 14, 2017], 2017 Latest Caselaw 129 SC Sri Ganesh Vs. State of Tamil Nadu and ANR. [January 6, 2017], 2017 Latest Caselaw 29 SC Sita Ram Vs. Balbir @ Bali [December 15, 2016], 2016 Latest Caselaw 922 SC Somasundaram @ Somu Vs. State Rep. by Dy. Comm. of Police [September 28, 2016], 2016 Latest Caselaw 707 SC Punjab State Warehousing Corp. Vs. Bhushan Chander & ANR. [June 29, 2016], 2016 Latest Caselaw 426 SC State of Kerala and Others Vs. S. Unnikrishnan Nair and Others [August 13, 2015], 2015 Latest Caselaw 527 SC Madhukar Sadbha Shivarkar (D) By Lrs. Vs. State of Maharashtra & Ors. [February 11, 2015], 2015 Latest Caselaw 100 SC Vinod Kumar Vs. State of Haryana [JANUARY 08, 2015], 2015 Latest Caselaw 14 SC Selvaraj @ Chinnapaiyan Vs. State represented by Inspector of Police [December 09, 2014], 2014 Latest Caselaw 766 SC Antony Cardoza Vs. State of Kerala [November 14, 2014], 2014 Latest Caselaw 704 SC Hakkim Vs. State Represented by Deputy Superintendent of Police [August 06, 2014], 2014 Latest Caselaw 485 SC Donthula Ravindranath @ Ravinder Rao Vs. State of Andhra Pradesh [January 06, 2014], 2014 Latest Caselaw 9 SC State of U.P. Vs. Naushad [November 19, 2013], 2013 Latest Caselaw 793 SC Sita Ram Vs, Balbir @ Bali & ANR. [October 24, 2013], 2013 Latest Caselaw 749 SC Manjeet Singh Khera Vs. State of Maharashtra [August 21, 2013], 2013 Latest Caselaw 561 SC Babu @ Balasubramaniam and ANR. Vs. The State of Tamil Nadu [July 02, 2013], 2013 Latest Caselaw 455 SC Chandran Ratnaswami Vs. K.C. Palanisamy and Others [May 09, 2013], 2013 Latest Caselaw 379 SC Rakesh Kapoor Vs. State of Himachal Pradesh [November 22, 2012], 2012 Latest Caselaw 663 SC Benarsi Krishna Committee & Ors. Vs. Karmyogi Shelters Pvt. Ltd. [September 21. 2012], 2012 Latest Caselaw 522 SC

Click here to view all Supreme Court (SC) Judgements on IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment