114. Abettor present when offence is committed. Whenever any person, who if 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.
115. Abetment of offence punishable with death or imprisonment for life if offence not
committed; Whoever abets the commission of an offence punishable with death or 1[imprisonment
for life], 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
either description for a term which may extend to seven years, and shall also be liable to fine ;
if act causing harm be done in consequence. 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, he would have
been subject to the punishment of death or 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.
116. Abetment of offence punishable with imprisonment
if offence be not
committed; 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 ;
if abettor or person abetted be a public servant whose duty it is to prevent offence. 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 one-half of the longest term provided for that offence, or with such
fine as is provided for the 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.
1Subs.
by the Law Reforms Ordinance, 1972 (12 of 1972),s.2 and Sch., for ―transportation for life‖.
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