Law Maker

CHAPTER V OF ABETMENT

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

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.BNS 49

Questions on this section

1 question in 6 of our papers cite Section 109. Try these from the free papers:

  1. 1. A and B conspire to poison Z. In pursuance of the conspiracy, A procures poison and hands it to B so that B may administer it to Z. B administers the poison to Z in A's absence, and Z dies. Under the Bharatiya Nyaya Sanhita, 2023, A is

Practise questions on Criminal Law