IPC § 109 · Indian Penal Code, 1860 · Repealed on 1 July 2024
Section 109 IPC — Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
Replaced from 1 July 2024 by BNS 49 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.
The law now: BNS 49 — Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita 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.
llustrations.
(a) 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.
(b) 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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 49 in full