63
CAP. 224
Penal Code
2008 Ed.
done, the abettor shall be liable to imprisonment for a term which may
extend to 14 years, and shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z,
he would have been subject to the punishment of death. Therefore, A is liable to
imprisonment for a term which may extend to 7 years, and also to a fine; and if any
hurt be done to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to 14 years, and to fine.
[Indian PC 1860, s. 115]
Abetment of an offence punishable with imprisonment
116. Whoever abets an offence punishable with imprisonment shall,
if that offence is not committed in consequence of the abetment, and
no express provision is made by this Code for the punishment of such
abetment, be punished with imprisonment for a term which may
extend to one-fourth part of the longest term provided for that offence,
or with such fine as is provided for that offence, or with both; and if
the abettor or the person abetted is a public servant, whose duty it is to
prevent the commission of such offence, the abettor shall be punished
with imprisonment for a term which may extend to one-half of the
longest term provided for that offence, or with such fine as is provided
for that offence, or with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some
favour in the exercise of B’s official functions. B refuses to accept the
bribe. A is punishable under this section.
(b) A instigates B to give false evidence. Here, if B does not give false
evidence, A has nevertheless committed the offence defined in this
section, and is punishable accordingly.
(c) A, a police officer, whose duty it is to prevent robbery, abets the
commission of robbery. Here, though the robbery is not committed, A is
liable to one-half of the longest term of imprisonment provided for that
offence, and also to fine.
(d) B abets the commission of a robbery by A, a police officer, whose duty it is
to prevent that offence. Here, though the robbery is not committed, B is
Informal Consolidation – version in force from 1/4/2015
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