Section 109 IPC: Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

Indian Penal Code, 1860

Section 109 IPC at a Glance

Section 109 IPC deals with punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. It is triable by the Court by which offence abetted is triable; from 1 July 2024 it is replaced by Section 49 BNS.

Punishment

The punishment provided for the offence abetted.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ Court by which offence abetted is triable ⓘ
BNS Equivalent

Section 49 →

Section 109 IPC Bare Act Text

109. Punishment of abetment if the 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.

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

(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.

(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.

(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.

Source: Section 109, Indian Penal Code, 1860

Section 109 IPC in Simple Words

Section 109 of the Indian Penal Code (IPC) punishes abetment of an offence where the act abetted is committed in consequence of the abetment and no express provision is made by the Code for its punishment. The abettor is punished with the penalty provided for the offence itself.

Under the Explanation, an act is committed in consequence of abetment when it occurs in consequence of the instigation, in pursuance of the conspiracy, or with the aid constituting the abetment. Bail, cognizance, the trial court and compounding follow the substantive offence abetted.

Ingredients of Section 109 IPC

  • The accused abetted an offence through instigation, conspiracy, or intentional aid as defined under Section 107 IPC
  • The act abetted is committed in consequence of that abetment
  • The act is committed in consequence of the instigation, in pursuance of the conspiracy, or with the aid which constitutes the abetment under the Explanation
  • No express provision is made by the Code for the punishment of such abetment

Punishment Under Section 109 IPC

Imprisonment

The punishment provided for the offence abetted.

Fine

The fine provided for the offence abetted, where it carries one.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ Court by which offence abetted is triable ⓘ

The First Schedule and Section 320(3) CrPC classify this abetment by reference to the offence abetted, so cognizance, bail, the trial court and compounding all follow that offence.

  • Cognizable: According as offence abetted is cognizable or non-cognizable
  • Bailable: According as offence abetted is bailable or non-bailable
  • Compoundable: Where the offence abetted is compoundable, Section 320(3) CrPC lets its abetment be compounded in like manner. Otherwise it cannot be compounded.

The abettor is punished with the punishment provided for the offence abetted. Cognizance, bail, the trial court and compounding follow that offence.

Example of Section 109 IPC

In 2019, in Jaipur, Nikhil instigated Saurabh to forge a rent receipt in the name of their landlord Dinesh to support a false claim of payment. Acting in consequence of the instigation by Nikhil, Saurabh prepared the false receipt the following day and committed the offence of forgery. The Code contained no express provision for the punishment of abetting forgery. Because the offence abetted was committed in consequence of the abetment, Nikhil was punishable with the punishment provided for the offence under Section 109 IPC.

When Section 109 IPC Does Not Apply

  • The offence that was abetted was never committed by the person abetted.
  • The offence was committed independently and not in consequence of the instigation, conspiracy, or aid that constituted the abetment.
  • A separate provision of the Code expressly prescribes the punishment for abetting that particular offence.
  • The accused did not instigate, conspire in, or intentionally aid the commission of the offence.

Section 109 IPC in the BNS

Section 109 IPC is now covered under Section 49 BNS.

Section 109 IPC is replaced by Section 49 BNS. The heading in Section 49 BNS drops the word the before act abetted. Section 49 BNS substitutes this Sanhita for this Code. It omits the first illustration, on offering a bribe to a public servant, which named the offence defined in section 161. The remaining illustrations are re-lettered a and b. The rule and the punishment are unchanged.

View detailed comparison (IPC 109 vs BNS 49) →

FAQs on Section 109 IPC

What does Section 109 IPC say?▼

Section 109 IPC provides that 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.

Under Section 109 IPC, when is an act committed in consequence of abetment?▼

Under the Explanation to Section 109 IPC, 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.

Does Section 109 IPC apply if the offence abetted is not committed?▼

No. Section 109 IPC requires the act abetted to be committed in consequence of the abetment. Where the offence is not committed, Section 115 IPC or Section 116 IPC governs the punishment.

Is an offence under Section 109 IPC cognizable?▼

Cognizability is conditional. According to the First Schedule to the CrPC, the abetment is cognizable or non-cognizable according as the offence abetted is cognizable or non-cognizable.

Is an offence under Section 109 IPC bailable?▼

Bail status is conditional. According to the First Schedule to the CrPC, the abetment is bailable or non-bailable according as the offence abetted is bailable or non-bailable.

Which court tries an offence under Section 109 IPC?▼

Under the First Schedule to the CrPC, abetment under Section 109 IPC is triable by the court by which the offence abetted is triable.

Can an offence under Section 109 IPC be compounded?▼

Under Section 320(3) CrPC, where the substantive offence abetted is compoundable, its abetment may be compounded in like manner. Otherwise it cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 109 IPC?▼

Section 49 BNS corresponds to Section 109 IPC, retaining the rule and the punishment while omitting the illustration on offering a bribe to a public servant.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·