Section 109 of Indian Penal Code, 1860
From the Act
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.
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.
(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.
Related Cases / Recent Cases / Case Laws
- Sri Ganesh v State of Tamil Nadu and Another, Criminal Appeal Jurisdiction, Criminal Appeal No. 39 OF 2017, Supreme Court of India judgment dated January 6, 2017
- State of Rajasthan v Daud Khan, Criminal Appeal Jurisdiction, Criminal Appeal No. 126 OF 2010, Supreme Court of India judgment dated November 4, 2015
- Selvaraj @ Chinnapaiyan v State represented by Inspector of Police, Civil Appeal Jurisdiction, Civil Appeal Petition No 892 OF 2009, Supreme Court of India judgement dated December 9, 2014
- Central Bureau of Investigation, Hyderabad Vs K Narayana Rao, Criminal Appeal No: 1460 of 2012, Supreme Court of India judgement delivered on September 21, 2012
Sections from the Indian Penal Code
- Section 1 to 106 of Indian Penal Code, 1860
- Section 107 to 229 of Indian Penal Code, 1860
- Section 230 to 489 of Indian Penal Code, 1860
- Section 490 to 511 of Indian Penal Code, 1860
- April 29, 2015: Note on Women Subjected to Marital Rape