Abettor present when offence is committed
Full Text
54. 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.
Plain English Summary
This section states that an abettor who is present when the abetted offence is committed is legally deemed to have committed the offence themselves as a principal.
Key Legal Elements
- The abettor is present at the place or time where the abetted act or offence is committed.
- The abettor would have been liable to be punished as an abettor if absent.
- The abettor is legally deemed to have committed the act or offence itself (as a principal).
Punishment
Deemed to have committed the act or offence itself (punished as a principal offender).
Practical Note
This replaces IPC Section 114. It creates a legal fiction. If you plan a crime and are present when it happens, you are treated as a principal perpetrator (active participant), not just a passive abettor.
हिंदी पाठ
54. अपराध किए जाने के समय दुष्प्रेरक की उपस्थिति।
जब कभी कोई व्यक्ति, जो अनुपस्थित रहने पर दुष्प्रेरक के रूप में दंडित होने का भागी होता, उस समय उपस्थित हो जब वह कार्य या अपराध किया जाए जिसके लिए वह दुष्प्रेरण के परिणामस्वरूप दंडनीय होता, तो यह माना जाएगा कि उसने स्वयं ऐसा कार्य या अपराध किया है।