Indian Penal Code, 1860
Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—
Section
109
Punishment
Definition / General Principle / Repealed
Cognizable
N/A
Bailable
N/A
Compoundable
Non-Compoundable (Refer to CrPC 320 for exceptions)
Trial Court
N/A
Bare Act Text
109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—
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.Explanation.— An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.Illustrations(a)A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.(b)A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.(c)A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
What is IPC Section 109 ?
According to the official bare act, this legal offense is defined as: 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—
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.Explanation.— An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.Illustrations(a)A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.(b)A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.(c)A and B conspire to poison Z. A in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
What is the punishment for Dhara 109 ?
The punishment for this specific offense is outlined under the law as: Definition / General Principle / Repealed
Is IPC 109 bailable or non-bailable?
Under the Indian Penal Code, this specific offense is classified as a N/A offense.
Is Dhara 109 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isN/A.
Which court has the jurisdiction to try IPC 109 cases?
Cases pertaining to this specific IPC section are triable by the N/A.
Can IPC Section 109 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).
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