Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
Chapter 4: Abetment, criminal conspiracy and attempt
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita 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 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.
(b) 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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 46AbettorIPC 108
- 47Abetment in India of offences outside IndiaIPC 108A
- 48Abetment outside India for offence in India
- 50Punishment of abetment if person abetted does act with different intention from that of abettorIPC 110
- 51Liability of abettor when one act abetted and different act doneIPC 111
- 52Abettor when liable to cumulative punishment for act abetted and for act doneIPC 112