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 the offence, or with both ;
If abettor or person abetted be a public servant whose duty it is to prevent offence. and suppose the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence. In that case, 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 s 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.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment extending to a quarter part of the longest term, provided for the offence, or fine, or both—According to offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.
Para II
Punishment—Imprisonment extending to half of the longest term, provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.
IPC Section 116: Simplified Explanation
IPC Section 116 of the Indian Penal Code (IPC) addresses the legal concept of “Abetment of an offence punishable with imprisonment” when the offence is not committed. This law is an integral part of the IPC as it deals with the crime of encouraging or assisting in the commission of a crime, even if that crime does not ultimately take place.
Here is a breakdown of the key elements and implications of IPC Section 116:
- Definition of Abetment: Under the IPC, abetment is encouraging, inciting, or aiding someone to commit a crime. It includes situations where a person instigates another to commit an offence, engages with one or more persons in a conspiracy to commit an offence, or intentionally aids the actions that lead to the offence.
- Scope of Section 116: This section specifically covers cases where the abetment is directed towards an offence that, if committed, would lead to imprisonment. However, it is important to understand that for this section to apply, the abetted offence does not need to be actually committed. The act of abetting is sufficient, a fact that every legal practitioner and individual should be aware of.Punishment Under Section 116: The punishment for abetment under this section varies based on the severity of the potential offence that was encouraged but not executed. The penal provisions are generally less severe than if the offence had been committed. The court considers the potential harm and the nature of the encouragement or assistance.
- Legal Implications: Section 116 serves as a powerful deterrent, dissuading individuals from engaging in behaviours that could lead to serious crimes. The law plays a crucial role in preventing such crimes by holding people accountable for merely attempting to facilitate a crime, thereby ensuring our collective security.
- Examples: If a person encourages another to commit theft but the theft does not occur, the person may still be charged under Section 116 for the abetment of theft. Similarly, suppose someone provides tools or plans for a burglary that never happens. In that case, they can still be held responsible for abetment under this section.
Grasping the intricacies of IPC Section 116 is not just a legal obligation, but a moral one. It is crucial for legal practitioners and individuals alike to comprehend the gravity of abetment and its consequences, even when the primary offence is not actualized. This understanding empowers us to uphold justice and prevent potential crimes.
