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