Whoever abets the commission of an offence punishable with death or [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 1[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.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 7 years and fine—According as offence abetted is cognizable or non-cognizable—non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.
Para II
Punishment—Imprisonment for 14 years and fine—According as offence abetted is cognizable or non-cognizable—non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.
1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).
IPC Section 115: Simplified Explanation
IPC Section 115 of the Indian Penal Code (IPC) tackles a grave scenario where someone abets an offence punishable by death or life imprisonment, even if the offence itself is not committed. This section is crucial for comprehending the severe consequences for individuals who attempt to instigate or support such heinous crimes, even if those crimes are ultimately not carried out. Here’s how Section 115 operates:
- Abetment of Serious Offenses: This section deals explicitly with the abetment of offences for which the maximum punishment could be death or life imprisonment.
- Offence Not Committed: For this section to apply, the abetted offence must not have been committed. The focus is on the act of abetment itself in the context of grave potential crimes, such as planning a terrorist attack or a murder, even if the actual act is not carried out.
- Punishment for Abetment: If a person abets the commission of such serious offences and the act abetted is not committed, the abettor can still be punished. The punishment prescribed is imprisonment of either description for a term extending to seven years, and the abettor may also be liable to a fine.
- Ensuring Accountability: This provision, Section 115, plays a pivotal role in ensuring public safety by holding those who try to facilitate or encourage the commission of the most severe crimes accountable, even if their efforts do not result in the actual commission of the crime. It reflects the principle that merely attempting to instigate such grave offences seriously threatens public safety and order.
IPC Section 115 thereby plays a critical role in deterring attempts to abet severe crimes by imposing significant penalties even when the ultimate offence is not realized, thereby underlining the seriousness with which the law views such abetment and its effectiveness in preventing such crimes.
