Section 85 - Abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.

Whoever abets an offence shall, if the act abetted is committed in consequence of the abetment and no express provision is made by this Penal Code by any other law for the time being in force for the punishment of the 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.

Illustration

(a) A instigates B to give false evidence. B in consequence of the instigation commits that offence. A is guilty of abetting that offence and liable to the same punishment as B.

(b) 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 culpable homicide. A is guilty of abetting that offence by conspiracy and is liable to the punishment for culpable homicide.