Penal Code Section 109: Abetment of an Offence
Penal Code Section 109 of the Bangladesh Penal Code deals with the punishment for abetment if the act abetted is committed in consequence, and no express provision is made for its punishment. This provision plays a crucial role in addressing instances where a person instigates, encourages, or aids another individual to commit a crime.
Understanding Section 109 in Detail
Section 109 of the Penal Code is an extension of criminal liability, holding an abettor responsible for the offense even if they did not physically commit the crime. In simple terms, an abettor can face the same punishment as the principal offender if the crime occurs due to their instigation or encouragement.
Cognizable/ Non-Cognizable Offence under Section 109
The classification of an offence under Section 109 depends on the nature of the main crime that has been abetted.
- Cognizable Offence: If the principal crime is a cognizable offense (like murder, robbery), then the act of abetment under Section 109 will also be considered a cognizable offense. This means that the police can arrest the accused without a warrant and start an investigation without the permission of a magistrate.
- Non-Cognizable Offence: If the crime abetted is non-cognizable (like defamation, simple assault), then the abetment under Section 109 will similarly be treated as non-cognizable. In this case, police need a warrant and the approval of a magistrate to make an arrest.
Understanding the distinction is crucial because it impacts the immediacy with which the police can act, and how the legal process unfolds for the accused.
Warrant or Summon in Cases of Section 109
The issuance of a warrant or summon under Section 109 is determined by the nature of the principal offense.
- Warrant Case: If the abetted crime is serious, like murder or dacoity (punishable by death, imprisonment for life, or imprisonment of over two years), a warrant will be issued to bring the accused to court. A warrant gives law enforcement the authority to forcibly bring the accused into custody.
- Summon Case: For less severe crimes such as simple theft or defamation (where punishment is less than two years), the court will issue a summon, which is a notice requiring the accused to appear in court on a specified date.
The type of warrant or summon can greatly influence the way the case is handled by both the police and the courts.
Bailable or Non-Bailable Under Section 109
The bailable or non-bailable nature of an offence under Section 109 once again depends on the nature of the offense being abetted.
- Bailable Offence: If the principal crime is bailable (like simple hurt, theft), then the abetment under Section 109 is also bailable. In bailable offenses, the accused has a right to be released on bail after arrest.
- Non-Bailable Offence: If the main crime is non-bailable (such as murder, kidnapping), then the abetment under Section 109 is also non-bailable. In non-bailable cases, the granting of bail is at the discretion of the court, and the accused may have to remain in custody throughout the trial period.
Compoundable or Non-Compoundable under Section 109
The compoundable or non-compoundable nature under Section 109 follows the same rule as the offense abetted:
- Compoundable: If the abetted offense is compoundable (meaning the victim can agree to withdraw the charges), then abetment under Section 109 is also compoundable. Crimes like defamation and trespass fall under this category.
- Non-Compoundable: If the abetted crime is non-compoundable (like murder, rape), then the abetment is also non-compoundable, meaning the case cannot be withdrawn and must go through full trial proceedings.
Punishment Under Section 109
The punishment for abetment under Section 109 is linked to the principal crime.
- If the principal crime is committed in consequence of the abetment, the abettor will receive the same punishment as the actual offender.
- If the abetment involves an attempt to commit a crime but the crime does not actually occur, the abettor may still face punishment, but it may be less severe depending on the case specifics.
This ensures that individuals who instigate or encourage criminal behavior face justice even if they don’t commit the act themselves.
By What Court Triable Under Section 109
The trial of offenses under Section 109 depends on the main offense abetted:
- Sessions Court: If the abetted crime is a severe offense like murder or rape, the case will be triable in a Sessions Court. These courts handle cases that carry significant punishments such as life imprisonment or death sentences.
- Magistrate Court: For lesser offenses such as simple theft or defamation, the case will be triable in a Magistrate Court. Magistrate Courts typically handle cases where the punishment is up to three years or involves fines.
Conclusion
Section 109 of the Bangladesh Penal Code is an essential provision ensuring that those who encourage or instigate criminal activities face legal consequences. The liability of an abettor is extensive, and understanding the nuances—such as cognizable status, bailability, compoundability, and trial jurisdiction—helps in comprehending the severity of abetment in criminal law.
Effective enforcement of Section 109 holds not only the direct offenders accountable but also the individuals behind the scenes who play a role in perpetrating criminal acts.