Section 110 IPC: Punishment Where Person Abetted Acts With Different Intention or Knowledge
Section 110 of the Indian Penal Code, 1860 dealt with a particular consequence of abetment: the person abetted does the act, but does it with an intention or knowledge different from that of the abettor. In that situation, the section fixes the abettor's punishment by reference to the offence that would have resulted if the act had been done with the abettor's own intention or knowledge, and with no other.
Section 110 IPC - Statutory Rule
Where a person abets the commission of an offence and the person abetted does the act with intention or knowledge different from that of the abettor, the abettor is punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Essential Ingredients of Section 110 IPC
1. Abetment of an Offence
There must first be abetment of an offence within the IPC framework. Section 107 IPC defines the principal modes of abetment.
2. Person Abetted Does the Act
The provision contemplates that the person abetted actually does the relevant act. This distinguishes its setting from provisions dealing with an offence that is not committed.
3. Different Intention or Knowledge
The intention or knowledge accompanying the act in the mind of the person abetted differs from the intention or knowledge of the abettor.
How Is the Abettor Punished?
The punishment is determined by asking a statutory hypothetical question: what offence would have been committed if the act had been done with the intention or knowledge of the abettor, and with no other intention or knowledge? The abettor is punishable with the punishment provided for that offence.
Section 110 therefore focuses on the mental element attributable to the abettor. A different mental state on the part of the person who performs the act does not automatically substitute that person's intention or knowledge for the abettor's own culpable mental state.
Meaning of Intention and Knowledge
In criminal law, intention generally concerns the conscious objective or purpose with which an act is done, while knowledge concerns awareness of relevant facts or consequences. Section 110 does not create a single universal definition of either expression; their legal significance depends on the ingredients of the underlying offence and the facts proved in the case.
Section 110 Compared With Section 109 IPC
| Provision | Principal Focus | Punishment Rule |
|---|---|---|
| Section 109 IPC | The act abetted is committed in consequence of the abetment and no express punishment for that abetment is provided by the IPC. | The punishment provided for the offence. |
| Section 110 IPC | The person abetted does the act with intention or knowledge different from that of the abettor. | The punishment for the offence that would have been committed if the act had been done with the abettor's intention or knowledge and with no other. |
Section 110 Compared With Section 111 IPC
Section 110 concerns a difference in the intention or knowledge with which the person abetted does the act. Section 111 IPC, by contrast, addresses the situation where one act is abetted but a different act is done, subject to the conditions stated in that section. The two provisions therefore address different variations between what the abettor contemplated and what occurred.
Relationship With Sections 107 and 108 IPC
Section 107 IPC defines abetment through instigation, the specified form of conspiracy and intentional aid. Section 108 IPC defines an abettor and clarifies, among other matters, that the person abetted need not have the same guilty intention or knowledge as the abettor. Section 110 provides the punishment rule for the particular case where the person abetted does the act with a different intention or knowledge.
Why the Mental Element Matters
Section 110 prevents the abettor's liability from being mechanically determined only by the mental state of the person who performs the act. The provision directs attention to the abettor's own intention or knowledge and then connects punishment to the offence that the act would constitute if performed with that mental state alone.
Does Section 110 Require a Different Act?
No. The wording of Section 110 is directed to the person abetted doing the act with a different intention or knowledge. A case where a different act is done is specifically addressed by Section 111, subject to its statutory requirements.