Section 84B IT Act: Punishment for abetment of offences
Information Technology Act, 2000
Section 84B IT Act at a Glance
Section 84B IT Act punishes abetting an IT Act offence when the abetted act is committed as a result and the Act sets no separate punishment for that abetment. It carries the punishment provided for the offence abetted.
The punishment provided for the offence abetted
Section 84B IT Act Bare Act Text
84B. Punishment for abetment of offences.
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for the offence under this Act.
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.
Amendments to this section
- Ins. by Act 10 of 2009, s. 45 (w.e.f. 27-10-2009).
Section 84B IT Act in Simple Words
Section 84B IT Act sets the punishment for abetting an offence under the Information Technology Act, 2000. Whoever abets an IT Act offence receives the same punishment provided under the IT Act for that offence when two conditions exist: the act abetted is committed in consequence of the abetment, and no express provision is made by the IT Act for punishing that abetment.
The Explanation to Section 84B IT Act clarifies when an act or offence counts as committed in consequence of abetment. That link is met when the act or offence is committed as a result of the instigation, or in pursuance of the conspiracy, or with the aid that constitutes the abetment.
Because Section 84B IT Act carries the punishment of the offence abetted, whether the abetment is cognizable (meaning the police can register an FIR and arrest without a warrant), bailable (meaning the accused can claim bail as of right), or compoundable (meaning the offence can be settled with the court's permission) matches that offence under Sections 77A and 77B IT Act and Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Under Section 77B IT Act, an offence punishable with imprisonment of 3 years and above is cognizable and one punishable with imprisonment of 3 years is bailable, while Section 77A IT Act permits a court to compound offences other than those punishable with life imprisonment or imprisonment for more than 3 years, subject to exceptions.
The IT Act does not define abetment; the general definition is in Section 45 BNS (formerly Section 107 of the Indian Penal Code). Section 45 of Act 10 of 2009 inserted Section 84B IT Act with effect from 27 October 2009.
Ingredients of Section 84B IT Act
- A person abets an offence under the IT Act.
- The act abetted is committed in consequence of the abetment, meaning as a result of the instigation, in pursuance of the conspiracy, or with the aid that constitutes the abetment.
- No express provision is made by the IT Act for the punishment of that abetment.
Punishment Under Section 84B IT Act
The punishment provided for the offence abetted
Abetment carries the punishment of the offence abetted, so it is cognizable or not, bailable or not, and compoundable or not as that offence is under Sections 77A and 77B IT Act and Part II of the First Schedule to the BNSS.
Abetment under Section 84B IT Act carries the punishment provided under the IT Act for the offence abetted. Because classification follows that punishment, whether the abetment is cognizable (police may register an FIR and arrest without a warrant), bailable, or compoundable (capable of settlement in court) matches the offence abetted under Sections 77A and 77B IT Act and Part II of the First Schedule to the BNSS.
Example of Section 84B IT Act
When Section 84B IT Act Does Not Apply
- The act abetted is not committed in consequence of the abetment.
- An express provision is already made by the IT Act for the punishment of that abetment.
FAQs on Section 84B IT Act
What is Section 84B IT Act?▼
Section 84B IT Act prescribes the punishment for abetting an offence under the Information Technology Act, 2000 when the abetted act is committed as a result of the abetment and no express punishment for that abetment exists elsewhere in the Act. Under Section 84B IT Act, the person who abets the offence faces the punishment provided for the offence abetted.
What is the punishment for abetment under Section 84B IT Act?▼
The punishment provided for the offence abetted. Section 84B IT Act applies that same punishment whenever the abetted act is committed in consequence of the abetment and the IT Act makes no separate provision for punishing that abetment.
Is an offence under Section 84B IT Act bailable or cognizable?▼
That depends on the offence abetted. Because abetment under Section 84B IT Act carries the punishment of the offence abetted, cognizability, bail, and compounding follow that offence under Sections 77A and 77B IT Act and Part II of the First Schedule to the BNSS.
When is an offence treated as committed in consequence of abetment under Section 84B IT Act?▼
When it is committed as a result of the instigation, in pursuance of the conspiracy, or with the aid that constitutes the abetment. The Explanation to Section 84B IT Act sets out these three ways in which an act or offence is committed in consequence of abetment.
Does Section 84B IT Act apply if the abetted offence is not committed?▼
No. Section 84B IT Act applies only if the act abetted is committed in consequence of the abetment.
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Sources: Bare Act Text, Information Technology Act, 2000 ·