Description
Description of Section 109 IPC:
Section 109 of the Indian Penal Code (IPC) deals with cases where a person abets (instigates, aids, or conspires) another individual to commit an offense, and that offense is actually carried out as a result of the abetment. This section ensures that the abettor is held equally responsible for the crime, even if they did not physically commit the act themselves.
For Section 109 to apply, the following conditions must be met:
Existence of Abetment:
- The person accused under this section must have played a direct or indirect role in influencing another person to commit a crime.
- Abetment can take different forms, such as instigation (actively provoking or encouraging the act), conspiracy (collaborating in planning the offense), or aiding (providing assistance or resources for the crime to be executed).
Commission of the Crime Abetted:
- The crime that was abetted must have actually been committed.
- The abettor remains liable under this section even if they were not present at the crime scene or directly involved in executing the offense.
No Express Provision for Abetment:
- This section applies only when the Indian Penal Code does not specify a separate punishment for abetment of that particular crime.
- If a specific law provides a distinct punishment for abetment (such as abetment of suicide under Section 306 IPC), then Section 109 will not be applicable.
Illustration:
Suppose A persuades B to commit theft by repeatedly encouraging him and providing tools for the act. If B actually commits the theft, then A will be punished for theft under Section 109 IPC in the same manner as B, even though A did not physically steal anything.
Punishment
Punishment:
- The punishment for abetment under Section 109 depends on the crime that was committed due to the abetment.
- The abettor receives the same punishment as the main offender.
- Example: If the abetted offense carries imprisonment for 7 years, the abettor also gets up to 7 years of imprisonment.
