Code
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.
Explanation
Section 109 deals with the punishment for abetment when the abetted act is actually committed. Abetment is the act of encouraging, aiding, or instigating another person to commit a crime. This section clarifies that if an individual abets an offence and the offence is subsequently committed, the individual who abetted the crime will be punished with the same punishment as the person who committed the crime.
Illustration
Suppose A instigates B to commit murder. B, influenced by A’s instigation, kills C. In this case, A has abetted the murder of C, and under Section 109, A will be punished with the same punishment as B, who actually committed the murder.
Common Questions and Answers
What constitutes abetment?
A: Abetment can occur in various ways, including instigating, aiding, and encouraging the commission of an offence. For example, providing information that helps commit the offence, supplying weapons or tools, or simply encouraging the offender verbally can be considered abetment.
What if the act is not committed?
A: If the abetted act is not committed, then Section 109 does not apply. However, the individual may still be punished under other sections of the IPC related to attempt or conspiracy.
What is the difference between abetment and conspiracy?
A: While both abetment and conspiracy involve encouraging a crime, abetment focuses on aiding or instigating the actual commission of the crime. Conspiracy, on the other hand, involves an agreement to commit a crime, which may or may not lead to the crime being committed.
