Penal Code · s 109
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Open the official texts 109Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
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.
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Anxtruffence is saidto*
committed inconsequence 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.
a
Illustr-utions
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 16 1.
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.
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 likely to the punishment for murder.