SECTION 109 IPC - Indian Penal Code - Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty

Table of Contents

  1. IPC 109 in Simple Words
  2. What is Abetment
  3. Section 109 IPC Explained
  4. Punishment of Abetment under Section 109
  5. Nature of Offence under Section 109
  6. Kinds of Abetment
  7. Necessary Element: Intention or Mens Rea
  8. You need the Help of a Lawyer
  9. IPC Section 109 related FAQs

According to IPC Section 109, aiding or abetting a crime can result in equivalent punishment for the abettor. Find expert criminal lawyers for Section 109 cases on LawRato.

IPC Section 109 states that: 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.

IPC 109 in Simple Words

The IPC Section 109 states that if someone encourages or helps another person commit a crime (abetment or encourage), and that crime happens, both the person committing the crime and the one who aided them can be punished with the same punishment for the crime.

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Offence : Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment

Punishment : Same As Offence

Cognizance : Same As Offence

Bail : Same As Offence

Triable : Same As Offence

Learn about IPC Section 109: Punishment for abetment when the abetted act is committed, and no specific provision exists. Get legal assistance from LawRato for cases coming under ipc section 109.

What is Abetment

To ‘abet’ means to help, support, encourage, assist another individual to do something wrong or commit a crime. Section 107 of the Indian Penal Code defines Abetment. A person is said to abet the doing of a thing if he/she:

  1. Instigates an individual to do that thing,

  2. Engages with one or more other individual or individuals in any conspiracy for the doing of that thing,

  3. Intentionally aids, by any act or illegal omission, the doing of that thing.

If any individual provokes, allures, persuades, threatens, conspires, commands or intentionally aids any individual in the doing of an illegal act or those acts that are recognised as crime is said to abet that person.

Thus, an individual who was not involved in the actual act (‘actus reus’) of the commission of the offence, but had the mens rea and was involved (by instigating, engaging and intentionally aiding) is punishable under the Indian law for abetment.

If you are filing a case for abetment or defending yourself from one, you need to talk to a lawyer to learn precise details pertaining to your case.

Section 109 IPC Explained

This particular Section 109 of the Indian Penal Code specifies that if no separate or particular provision is provided for the punishment of abetment of an offence, then, the same shall be punishable with the punishment provided for the original offence in the IPC.

In simpler terms, if someone encourages or aids another person in committing a crime, and that crime is executed because of such encouragement or assistance, the individual providing the encouragement and support can face the same punishment as the one who actually committed the crime. However this is case if the IPC does not have a particular provision for the punishment of the abetment.

Punishment of Abetment under Section 109

Punishment for abetment of certain offences have been stated in specific sections of the IPC (or under other statutes/laws). Abetment for suicide for example, is punishable under Section 306. However, the IPC does not mention punishment for abetment of each and every offence and this is where Section 109 comes to the rescue. According to Section 109, if no specific provision for punishment of a particular Section has been made under the Indian Penal Code, the punishment that is prescribed for that particular offence (which has been abetted) shall be considered.

Nature of Offence under Section 109

The nature of offence, i.e. bailable, non-bailable, cognizable, non-cognizable, compoundable or non-compoundable under Section 109 depends upon the nature of the offence committed under the Indian Penal Code.

Kinds of Abetment

According to the Indian Penal Code, the offence of abetment is complete when one (or more) of the following is committed by a person:

1. Abetment by Instigation

Instigation encompasses various forms of persuasion, such as suggesting, inciting, or encouraging an individual to take action or refrain from it. In the context of abetment of a crime, instigation must go beyond mere suggestion; it must actively motivate the individual to commit the offence. Whether conveyed through explicit words, subtle gestures, or indirect hints, the instigator's encouragement solidifies their role as an abettor of the offence committed.

2. Abetment by Conspiracy

Conspiracy means agreement between 2 or more persons to commit an act of illegal nature. The conspirators must actively be involved in preparing and committing that offence. The acts that the conspirators conspire to do, should initself be illegal/unlawful/punishable. In many dowry death cases, the relatives of husbands/in-laws of the victim are very often guilty for abetment by conspiracy. Their constant taunts, tortures or instigations are taken as abetment.

3. Abetment by Aiding

The third way in which abetment can be carried out is by intentionally/wilfully helping/aiding the offender in committing the offence/illegal act. Even here, the intention to aid the offender is significant.

Necessary Element: Intention or Mens Rea

Mens Rea or the intention to cause a crime is a necessary element to prove a crime. For proceedings against the person for abetment, the burden of proving of the intention or mens rea lies upon the prosecution. Thus, cruel intention to aid or instigate another to commit crime is a necessary element and is required to prove the abettor guilty. Mere negligence or carelessness is not enough to punish the accused as per these provisions of Abetment under IPC.

For further clarifications on what constitutes abetment Ask a Query to get responses from top legal experts.

You need the Help of a Lawyer

For cases under Section 109 of the Indian Penal Code, seeking the assistance of an experienced criminal lawyer is crucial. Whether you are filing a case or defending against one, you need lawyers experienced in the case for safeguarding your legal rights effectively throughout the legal proceedings. LawRato helps you find the most competent legal advocate to ensure that you receive accurate guidance and direction.

India Code: Section Details. If the offence is abetted as a result of the abetment and this Code does not expressly provide for punishment for such abetment then the person who abets the offence will be punished according to the penalty provided for that offence. Explanation.

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Frequently Asked Questions

What is Section 109 of the criminal Procedure Code?

If an Executive Magistrate is informed that someone is hiding in his locality and there are reasons to suspect that they may be doing this to commit a cognizable offense, he can, as provided below, order that the person who is...

Which section of IPC is abetment punishment?

The Indian Penal Code (IPC) covers abetment in sections 107-120. These sections describe abetment in terms of various types, including instigation and conspiracy. They also prescribe punishments for abetment based on severity. 1 Mar 2023

How to frame charge under section 109 IPC?

B, in accordance with the conspiracy of A, administers the poison to Z in the absence of A. B administers poison to Z, while A is absent, as part of a conspiracy. This causes Z's demise. Here, B is guilty.

What is Section 110 of the abetment?

If the person abetted commits an act without the same intention or knowledge as the abettor then the punishment for that offence is the same as if it had been committed with the intention and knowledge of the perpetrator.