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

Description of IPC Section 109

According to section 109 of Indian penal code, 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.

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.

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.

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 means suggesting, inciting or encouraging a person to do an act or omit the doing of an act. For the purpose of abetment of a crime, instigation should be enough to actively encourage a person to commit an offence/crime. It can either be by words, gestures or even hints. However, the instigation should actively encourage a person to commit a crime. The person instigating will thus be an abettor to 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.

You need the Help of a Lawyer

If you are filing or defending your case under Section 109 of the Indian Penal code, you will need the help of a criminal lawyer. A good criminal lawyer is a prerequisite to ensuring that you are guided properly and in the right direction.