If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As be has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will Also be liable to punishment for each of the offences.
IPC Section 112: Simplified Explanation
IPC Section 112 of the Indian Penal Code (IPC) addresses the situation where an abettor can be subject to cumulative punishment for the act that was abetted and for the act that was done, especially when these are distinct offences. Here’s a breakdown of what Section 112 entails:
- Cumulative Punishment: If a person abets an act, and as a result, the act abetted and the act done are distinct offences, the abettor may be punished separately for each offence. This means the abettor could face cumulative punishments for both the intended and the actual outcomes.
- Conditions for Cumulative Punishment: For cumulative punishment to apply, the offences resulting from the abetment and the act done must be distinct — each constituting a separate violation of the law. The legal principle here is that the abettor bears responsibility not only for encouraging a specific crime but also for any other distinct crime that results from their abetment.
- Scope and Application: This section ensures that an abettor is adequately penalized for the full range of their criminal influence. For example, if someone abets theft, but the person abetted commits both robbery and assault, the abettor could be punished for both the abetment of theft and the resulting assault, assuming the conditions for cumulative punishment are met.
- Ensuring Comprehensive Justice: Section 112 is designed to prevent abettors from escaping full accountability when their actions lead to multiple offences. It reflects a broader principle of holding individuals accountable for all the criminal consequences of their actions, even those beyond the specific act they intended to facilitate.
This section plays a crucial role in ensuring that the law captures the full spectrum of an abettor’s blame, particularly in complex scenarios where multiple distinct offences arise from a single act of abetment.
