PPC Section 109 | Punishment of abetment if the Act abetted committed In consequence and where no express provision is made for its punishment:

PPC Section 109

 

Punishment of abetment if the Act abetted 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:

 
Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta'zir specified for such offence including death.
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.
 

Offence Cognizance Summons / Warrant Bailable / Not Bailable Compoundable or Not Punishment Triable By
Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment May arrest without warrant if arrest for the offence abetted may be made without warrant, but not otherwise. According as a warrant or summons may issue for the offence abetted According as the offence abetted is bailable or not According as the offence abetted is compounable or not The same punishment as for the offence abetted. The Court by which the offence abetted is triable..
Accused โ˜… POLICE Police Officer
Offence: According as the offence abetted is bailable or not --- Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment
Punishment--- The same punishment as for the offence abetted.

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