Bailabel Type : non-bailable
Description
Description:
Section 114 IPC states that if a person abets an offense and is present at the scene when the crime is committed, they will be treated as if they personally committed the offense. This section ensures that an abettor who is physically present during the crime faces the same legal consequences as the main offender.
- Key Elements of Section 114 IPC:
1?? The person must have abetted the crime – The accused must have instigated, conspired, or aided in committing the offense.
2?? The crime must actually be committed – If the offense does not take place, Section 114 does not apply (Section 107 or 108 may apply).
3?? The abettor must be physically present at the crime scene – The presence of the abettor must be intentional and not accidental.
? Example 1: Abetment of Robbery
- A plans a bank robbery and provides B with weapons.
- A stands outside the bank while B commits the robbery.
- Since A was present at the crime scene, A is treated as if they personally committed the robbery.
? Example 2: Abetment of Murder
- A instigates B to kill C and watches while B stabs C.
- Since A was physically present, A is punished as if they personally murdered C.
? Example 3: Abetment of Rioting
- A incites a mob to attack a police station and remains at the scene while the violence happens.
- A is punished as if they personally committed rioting.
Punishment
Punishment Under Section 114 IPC
- The abettor is punished as if they committed the offense themselves.
- If the main offense carries life imprisonment, death penalty, or a specific jail term, the abettor receives the same punishment.
- If the main offense has a fine or lesser punishment, the abettor is punished accordingly.