BACK TO SECTIONSAIR 1975 SC 175
IPC 1860REPEALED
Section 109
Punishment of abetment if the act abetted is committed in consequence
Replaced by: BNS 48
As per offence abettedCognizable: As per offence abettedAs per offence abetted
THE STATUTE
Original Text
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.
Simplified
Section 109 answers the sentencing question: an abettor receives the same punishment as the principal offender where the abetted act is actually carried out. This equates the moral culpability of the enabler with the executor — a murder-for-hire employer is no less guilty than the hired killer. The section operates as a default ('where no express provision is made') — many specific offences carry dedicated abetment provisions (abetment of suicide under Section 306); Section 109 fills the gap for everything else. The crucial causal element: 'committed in consequence of the abetment' — there must be a genuine causal link. If A instigates B to kill C, but B independently kills D for unrelated reasons, A is not liable under Section 109 for D's death.
Legal Evolution
Section 109's principle of equating abettor and principal was a deliberate departure from English law's complex accessories framework, which imposed different punishments for principals and accessories.
Landmark Precedents
Shri Ram v. State of UP (1975)
RELEVANCE
Punishment for abetment requires proof the abetted act was committed in consequence of the abetment — independent causation must be established.
Practical Scenarios
"A person who pays a hitman to murder their spouse — abettor of murder, equally liable for death or life imprisonment."
"A person who instigates a gang to attack a rival resulting in death — abettor of murder under Section 109."
Common Queries
Under Section 109, yes — the abettor receives the same punishment as the principal offence. Whether death is actually awarded depends on the 'rarest of rare' analysis.