Section 114 IPC: Abettor present when offence is committed
Indian Penal Code, 1860
Section 114 IPC at a Glance
Section 114 IPC deals with abettor present when offence is committed. It is triable by the Court by which offence abetted is triable; from 1 July 2024 it is replaced by Section 54 BNS.
The punishment for the act or offence committed, since the abettor is deemed to have committed it.
Section 114 IPC Bare Act Text
114. Abettor present when offence is committed
Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
Source: Section 114, Indian Penal Code, 1860
Section 114 IPC in Simple Words
Section 114 of the Indian Penal Code (IPC) governs an abettor who is present when the offence is committed.
Where a person would have been liable to punishment as an abettor had he been absent, his presence at the commission of the act deems him to have committed that offence as a principal offender.
Cognizance, bail eligibility, the trial forum and compounding follow the substantive offence committed.
Ingredients of Section 114 IPC
- The accused committed prior acts of abetment by instigation, conspiracy or intentional aid
- The accused would be liable to punishment as an abettor even if he had been absent
- The act or offence abetted was committed in consequence of that abetment
- The accused was physically present at the scene when that act or offence was committed
Punishment Under Section 114 IPC
The punishment for the act or offence committed, since the abettor is deemed to have committed it.
The fine provided for that offence, where it carries one.
The First Schedule and Section 320(3) CrPC classify this by reference to the offence committed, so cognizance, bail, the trial court and compounding all follow it.
- Cognizable: According as offence abetted is cognizable or non-cognizable
- Bailable: According as offence abetted is bailable or non-bailable
- Compoundable: Where the offence committed is compoundable, Section 320(3) CrPC lets its abetment be compounded in like manner. Otherwise it cannot be compounded.
The abettor who is present at the commission of the offence is deemed to have committed it himself. Bail, cognizance, the trial court and compounding follow the offence committed.
Example of Section 114 IPC
When Section 114 IPC Does Not Apply
- The abettor remained absent from the scene at the time the abetted act or offence was committed.
- The person was present at the scene of the crime but had not previously abetted the offence so as to be punishable as an abettor if absent.
- The act or offence for which the abettor would be punishable in consequence of the abetment was never committed.
- The abettor reached the place only after the commission of the act or offence had already been completed.
Section 114 IPC in the BNS
Section 114 IPC is now covered under Section 54 BNS.
Section 114 IPC is replaced by Section 54 BNS. The heading, statutory words and legal effect are preserved without alteration.
View detailed comparison (IPC 114 vs BNS 54) →FAQs on Section 114 IPC
What does Section 114 IPC say?▼
Section 114 IPC provides that whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
Does mere presence at the crime scene attract Section 114 IPC?▼
No. Mere presence is insufficient. The prosecution must first establish that the person engaged in prior abetment by instigation, conspiracy or aid that would make him punishable as an abettor even if absent.
What is the effect of Section 114 IPC on the abettor?▼
Section 114 IPC creates a statutory deeming fiction. An abettor who is present at the commission of the offence is treated not merely as an abettor, but as having committed the substantive offence himself.
What punishment is awarded under Section 114 IPC?▼
The accused is punished with the penalty provided for the substantive act or offence committed, because the statutory fiction deems him to have committed that offence.
Is an offence under Section 114 IPC cognizable?▼
Cognizability is conditional. Under the First Schedule to the CrPC, abetment under Section 114 IPC is cognizable or non-cognizable according as the offence abetted is cognizable or non-cognizable.
Is an offence under Section 114 IPC bailable?▼
Bail status is conditional. Under the First Schedule to the CrPC, abetment under Section 114 IPC is bailable or non-bailable according as the offence abetted is bailable or non-bailable.
Which court tries an offence under Section 114 IPC?▼
Under the First Schedule to the CrPC, abetment under Section 114 IPC is triable by the court by which the offence abetted is triable.
Can an offence under Section 114 IPC be compounded?▼
Under Section 320(3) CrPC, where the substantive offence committed 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 114 IPC?▼
Section 54 BNS corresponds to Section 114 IPC, retaining the heading, statutory wording and deeming principle without change.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·