What is Section 109 IPC? Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
Published on: Lawiz Team
Detailed explanation of Section 109 IPC: Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment.
Official Legal Text
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made for its punishment, be punished with the punishment provided for the offence.
What This IPC Section Means – Explained in Simple Words
Section 109 provides punishment for abetment when the act abetted is committed, even if there is no specific punishment mentioned for the abetment.
Purpose
To ensure that an abettor is punished whenever the act they abet is actually committed.
Bailable or Not Bailable & Punishment
Bailable: Depends on the offence abetted, Punishment: Same as the punishment for the offence abetted, if there is no specific provision for abetment punishment.
Scope and Application
Applies to all acts of abetment where the main offence is committed.
Important Legal Points
Abettor is punished with the same penalty as the main offence if the act is committed.
Illustrative Example
A person who abets theft is punished for theft if the theft is committed.
Exceptions and Special Cases
Does not apply if the act is not committed.
Conclusion
Ensures punishment for abettors when the crime is actually committed.
FAQs
What does Section 109 IPC define?
Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment.
Where is Section 109 IPC commonly applied?
In cases involving punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment situations.
Why is Section 109 IPC significant?
It provides clarity in handling cases under Indian Penal Code.
Can you provide a real-world example of Section 109 IPC?
Real-world cases involving punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment often refer to this section.
Does Section 109 IPC mention any exceptions?
Yes, it should be interpreted in conjunction with other IPC provisions.
Is Section 109 IPC linked to any other IPC sections?
Yes, it complements several provisions related to criminal defenses or abetment.
How have courts interpreted Section 109 IPC?
Courts interpret based on statutory meaning and factual case situations.