08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
and if any act for which the abettor is liable in consequence of the abetment, and
which causes hurt to any person, is done, the abettor shall be liable to
imprisonment of either description for a term which may extend to fourteen
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,
causing harm be done
in consequence
he would have been subject to the punishment of death or 37[ imprisonment] for
life. Therefore A is liable to imprisonment for a term which may extend to seven
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
fourteen years, and to fine.
Abetment of offence
116. Whoever abets an offence punishable with imprisonment shall, if that offence
be 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 of any description provided for that offence for a term which may
extend to onefourth 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 of any description provided for that offence, for a term which may
extend to onehalf of the longest term provided for that offence, or with such fine
as is provided for the offence, or with both.
punishable with
imprisonment– if
offence be not
committed; if abettor
or person abetted be
a public servant
whose duty it is to
prevent offence
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 policeofficer, whose duty it is to prevent robbery, abets the commission
of robbery. Here, though the robbery be not committed, A is liable to onehalf 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 policeofficer, whose duty it is
to prevent that offence. Here though the robbery be not committed, B is liable to
onehalf of the longest term of imprisonment provided for the offence of robbery,
and also to fine.
Abetting commission
117. Whoever abets the commission of an offence by the public generally or by
any number or class of persons exceeding ten, shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
of offence by the
public, or by more
than ten persons
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten
members to meet at a certain time and place, for the purpose of attacking the
members of an adverse sect, while engaged in a procession. A has committed the
offence defined in this section.
Concealing design to
118. Whoever intending to facilitate or knowing it to be likely that he will thereby
commit offence
punishable with
death or
imprisonment for life
if offence be
committed; if offence
be not committed
facilitate the commission of an offence punishable with death or 38[
imprisonment] for life,
voluntarily conceals, by any act or illegal omission, the existence of a design to
commit such offence or makes any representation which he knows to be false
respecting such design,
shall, if that offence be committed, be punished with imprisonment of either
description for a term which may extend to seven years, or, if the offence be not
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