Punishment Of The Abetment When There Is No Provision

IPC SECTION 109-INDIAN PENAL CODE-"PUNISHMENT OF THE ABETMENT IF THE ACT ABETTED IS COMMITTED IN CONSEQUENCE, AND WHERE NO EXPRESS PROVISIONS IS MADE FOR ITS PUNISHMENT"

Whoever abets an offence, if the abetment is done in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, shall be punished with the punishment provided for the offence. Will be done.

Explanation

This section talks about the punishments of the abetment done in any form. We can understand that anyone trying to commit the abetment by instigating the person to do an illegal act, the person doing such offence and the person trying to instigate the person in doing such act would be considered guilty of the said offences.

Illustration-

(a) D tries to offer a bribe to a public officer to do some favours to him H the public servant takes the bribe. In this case, D would be considered guilty for the crime to offer the bribe under section 161.

(b) S tries to instigate N to submit false evidence in a case, and N does the offence. In this case, S would be considered guilty of the offence to abetting N to commit the crime, although they would be charged with the same offence.

Classification of the case

Punishment—Same as offence—The offense abetted according to the offense is cognizable or non-cognizable—Bailable or non-bailable according to the offense—Triable by the court by which the offense is abetted—Non-compoundable.