Penal Code
67
with imprisonment for a term which may extend to seven years,
and shall also be liable to fine; and shall 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 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.
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 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 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.
(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.
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