Punishment for Abetment - Section 109

What is the punishment for IPC 109 Case?

The punishments of abetment tor specific offenses had been mentioned under IPC or other laws and statutes, for example, the punishment to abetment for suicide is mentioned under IPC section 306. Therefore the IPC doesn’t mention any particular punishment for the section of abetment in every offense this is where exactly 109 comes to rescue, it must be also noted that if there is a particular section of punishment mentioned in IPC then the punishment for a particular offense that has abetted must be taken in view.

Is IPC 109 a cognizable offense or a non-cognizable offense?

An offense in which the police have the authority to arrest an accused without a warrant is termed under a Cognizable offense. The officer can also arrest an accused under the first schedule of any law Section 154 of CrPC provides that under a Cognizable offense or case.

Some offense in which the police officer has no right or authority to arrest without a warrant falls under Non – cognizable offense.

The examples of cognizable offenses: Kidnapping, Dowry Theft, Culpable Homicide, Waging War, Murder, Rape, Death,   Unnatural Offences.

The non-cognizable offenses are minor assault, causing simple hurt.

The nature of the offense, cognizable, non-cognizable, compoundable, or non-compoundable under Section 109 depends upon the nature of the offense committed under the Indian Penal Code.

How to file/defend your case for IPC 109 offense?

The first and the foremost thing after a particular crime takes place is to go to the local police station either the victim or the relative, friends or family of the victim must file a case, then the next step is to hire a legal practitioner who has a grip on criminal law or have a long term experience on how to move forward with the case. Then with the help of proper evidence the case can be proved, even the bail can also be pleaded depending upon the type of cases, it is upon the discretion of the court whether to grant the bail or not.

A consumer can hire a lawyer through Lawtendo as it provides the best of best lawyers, who can guide laymen to a successful way out, court procedures often seem very entangled but lawyers here will make the process seem very simple and easy much comfortable than rolling into court premises in search of good and reputed lawyers, everything here is strategically planned and giving satisfactory service to the consumers is our main motive. Lawtendo is a law-tech company that has around 15000+ lawyers across India on our platform who can help you file/defend your case for IPC Section 325. Lawtendo aims to facilitate legal services/advice provided to the clients are cost-efficient and quality service. You can contact us at +91 967133666 or [email protected].

Is IPC 109 a bailable or non-bailable offense?

The nature of offense, i.e. bailable, non-bailable, under Section 109 depends upon the nature of the offense committed under the Indian Penal Code.

Get in touch with the best lawyer

 Any famous judgment w.r.t. IPC 109 if any?

One of the landmark cases of Abetment to suicide is:

Sanju vs. State of Madhya Pradesh: There was a heated argument between husband and wife and the husband told him to “go and die” and the wife committed suicide after2 days and also had left behind the dying declaration.

Judgment: The judges gave the judgment that mere pronouncing of the word “go and die” doesn’t fall under any kind of abetment rather it also doesn’t promote men’s rea which has to be necessarily present. Moreover, the suicide was made exactly 2 days after the argument hence it indicates that the suicide was not the direct result of the fight, therefore the husband cannot be liable for the suicide of his wife in any form of abetment

This blog is written by Ms. Sneha Saha, B.A.LLB. (H) - 2nd Year student, Amity University Mumbai, Maharashtra.