Indian Penal Code,1860
Act No : 45
Section :
Punishment of abetment if the act abetted is committed in consequenceand where no express provision is made for its punishment.
109. Punishment of abetment if the act abetted is committed inconsequence and where no express provision is made for itspunishment.--Whoever abets any offence shall, if the act abetted iscommitted in consequence of the abetment, and no express provision ismade by this Code for the punishment of such abetment, be punishedwith the punishment provided for the offence. Explanation.-An act or offence is said to be committed inconsequence of abetment, when it is committed in consequence of theinstigation, or in pursuance of the conspiracy, or with the aid whichconstitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward forshowing A some favour in the exercise of B's official functions. Baccepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence ofthe instigation, commits that offence. A is guilty of abetting thatoffence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A, in pursuance of theconspiracy, procures the poison and delivers it to B in order that hemay administer it to Z. B, in pursuance of the conspiracy, administersthe poison to Z in A's absence and thereby causes Z's death. Here B isguilty of murder. A is guilty of abetting that offence by conspiracy,and is liable to the punishment for murder.
