IPC 116 — Abetment of offence punishable with imprisonment

Indian Penal Code, 1860

Statutory text

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 one-fourth 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.
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.
(c) A,  a police-officer,  whose duty  it is  to prevent robbery, abets the  commission of  robbery. Here,  though the  robbery  be  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 be not committed,  B is  liable  to  one-half  of  the  longest  term  of imprisonment provided for the offence of robbery, and also to fine.

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