Section 109 IPC: Punishment of Abetment When the Act Abetted Is Committed
Section 109 of the Indian Penal Code, 1860 provided the general punishment rule for abetment where the act abetted was actually committed in consequence of the abetment and the IPC contained no separate express provision prescribing punishment for that particular abetment.
Section 109 IPC - Statutory Rule
Where a person abets an offence, and the act abetted is committed in consequence of that abetment, and the IPC makes no express provision for punishment of that abetment, the abettor is punished with the punishment provided for the offence.
Essential Conditions for Section 109 IPC
1. Abetment of an Offence
There must first be legally established abetment. The concept is governed principally by Section 107 IPC and the meaning of abettor under Section 108 IPC.
2. Act Committed in Consequence
The act abetted must actually be committed in consequence of the abetment. Section 109 itself explains the required connection with instigation, conspiracy or aid.
3. No Express Punishment Elsewhere
Section 109 operates as a general punishment provision only where the IPC does not make an express provision for punishment of that particular abetment.
What Does "Committed in Consequence of Abetment" Mean?
Under the Explanation to Section 109, an act or offence is committed in consequence of abetment when it is committed:
- in consequence of the instigation;
- in pursuance of the conspiracy; or
- with the aid which constitutes the abetment.
This explanation links Section 109 directly to the modes of abetment recognized by Section 107 IPC. It requires a legally relevant connection between the abetment and the act ultimately committed; the provision is not merely a rule for punishing a person because of association with the principal offender.
Illustrations to Section 109 IPC
Illustration (a): Bribery of a Public Servant
A offers a bribe to B, a public servant, as a reward for showing A favour in the exercise of B's official functions. B accepts the bribe. The original statutory illustration states that A has abetted the offence then defined in Section 161 IPC.
Illustration (b): Instigation to Give False Evidence
A instigates B to give false evidence. B commits that offence in consequence of the instigation. The illustration states that A is guilty of abetting the offence and is liable to the same punishment as B.
Illustration (c): Abetment of Murder by Conspiracy
A and B conspire to poison Z. A procures the poison in pursuance of the conspiracy and gives it to B so that B may administer it to Z. B administers the poison in A's absence and causes Z's death. B is guilty of murder, while A is guilty of abetting the murder by conspiracy and is liable to the punishment for murder.
Punishment Under Section 109 IPC
Section 109 did not prescribe a single fixed term of imprisonment or fine. When its conditions were satisfied, the abettor was punishable with the punishment provided for the offence abetted. The actual punishment therefore depended on the underlying offence.
| Question | Section 109 IPC Rule |
|---|---|
| Must there be abetment? | Yes. The ingredients of abetment must be established. |
| Must the act abetted be committed? | Yes, for Section 109 to apply, the act abetted must be committed in consequence of the abetment. |
| What creates the required consequence? | Instigation, pursuance of the conspiracy, or the aid constituting the abetment, as stated in the Explanation. |
| Can Section 109 apply where the IPC expressly provides another punishment for that abetment? | Section 109 is framed to apply where no express provision is made by the IPC for punishment of such abetment. |
| What is the punishment? | The punishment provided for the underlying offence. |
Section 108 and Section 109 IPC
Section 108 IPC explained who is an abettor and made clear, among other things, that abetment can exist even where the act abetted is not committed. Section 109 addresses a narrower punishment situation: the act abetted is committed in consequence of the abetment and no express punishment provision for that abetment exists.
Section 109 and Sections 110 to 114 IPC
The sections following Section 109 dealt with variations between the act or intention contemplated by the abettor and what actually occurred. Section 110 IPC concerned a different intention or knowledge of the person abetted; Section 111 IPC addressed a different act being done; and Sections 112 to 114 dealt with further consequences and circumstances affecting an abettor's liability.
When the Offence Is Not Committed
Section 109 is specifically framed for a case where the act abetted is committed in consequence of the abetment. Where the contemplated offence is not committed, other provisions of the IPC may become relevant depending on the nature of the offence and the facts, including Section 115 IPC and Section 116 IPC.