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

Indian Penal Code, 1860

Statutory text

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.

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