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 someone abets an offence and the offence is actually committed because of that abetment, and the Code does not separately punish the abetment, the abettor is punishable with the same penalty as for the offence. 'Committed in consequence' covers instigation, acting on a conspiracy, or giving the aid that causes the crime. The result is liability equal to the principal offender.
Example
Priya instigates Rohan to give false evidence against a neighbour. Rohan follows the instigation and gives false evidence at trial. Since the false evidence was committed in consequence of Priya's instigation and there is no separate punishment for her abetment, Priya is liable to the same punishment as Rohan.
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 Code for the punishment of such abetment, be punished with the punishment provided for the offence.
Explanations
(1) 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 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 161.
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(b) 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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(c) 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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