Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
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Summary
If a person abets an offence and the offence is actually committed because of that abetment, and the Sanhita does not separately punish the abetment, the abettor is punishable with the same punishment as for the offence. 'Committed in consequence' includes acts caused by instigation, done in pursuance of a conspiracy, or with the aid that constitutes abetment. The result is that the abettor faces the same penalty as the doer of the crime.
Example
Priya tells Ravi to give false evidence in a trial. Ravi, acting because of Priya's instigation, gives the false testimony. Priya is guilty of abetting and can be punished with the same penalty as Ravi for giving false evidence.
Bare Act
Enacted textWhoever 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
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(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.
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(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.
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