IPC Section 109: Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
Indian Penal Code, 1860 · Chapter 5: Abetment
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶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.
¶CLASSIFICATION OF OFFENCE Punishment-Same as for offence abetted-According as offence abetted is cognizable or non-cognizable-According as offence abetted is bailable or non-bailable-Triable by court by which offence abetted is triable-Non-compoundable.
Study: explanations and related material
Now BNS 49 (same provision). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p4
Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 107. Abetment of a thing
- 108. Abettor
- 108A. Abetment in India of offences outside India
- 110. Punishment of abetment if person abetted does act with different intention from that of abettor
- 111. Liability of abettor when one act abetted and different act done
- 112. Abettor when liable to cumulative punishment for act abetted and for act done
- 113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
- 114. Abettor present when offence is committed
- 115. Abetment of offence punishable with death or imprisonment for life-if offence not committed
- 116. Abetment of offence punishable with imprisonment-if offence be not committed
- 117. Abetting commission of offence by the public or by more than ten persons
- 118. Concealing design to commit offence punishable with death or imprisonment for life
- 119. Public servant concealing design to commit offence which it is his duty to prevent
- 120. Concealing design to commit offence punishable with imprisonment