IPC Section 109 — Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

Summary

Whoever helps or encourages someone to commit an offence will face the same punishment as that offence, if the offence is actually carried out because of that help or encouragement, and if no other specific punishment for the abetment is already written in this Code.

Official Text

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.

Related Judgments

• KEHAR SINGH & ORS. vs STATE (DELHI ADMN.) — Supreme Court of India (1988)
• KULWANT SINGH@ KULBANSH SINGH vs STATE OF BIHAR — Supreme Court of India (2007)
• ARJUN SINGH vs STATE OF H.P — Supreme Court of India (2009)
• STATE OF KERALA AND OTHERS vs S. UNNIKRISHNAN NAIR AND OTHERS — Supreme Court of India (2015)
• OM PRAKASH vs STATE OF HARYANA — Supreme Court of India (2014)
• THE STATE BY S.P. THROUGH THE SPE CBI vs UTTAMCHAND BOHRA — Supreme Court of India (2021)

Old <-> New Code Mapping

• BNS §49 — Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment