Abetment of offence punishable with death or imprisonment for life
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Summary
Abetting an offence that is punishable with death or life imprisonment is punishable even if the main offence never happens. Where no other penalty is provided, the abettor can get up to seven years' imprisonment and a fine. If an act done because of the abetment causes hurt, the abettor can face up to fourteen years' imprisonment and a fine.
Example
Ravi urges Arjun to murder Rohan, but Arjun does not go through with it. Since the murder was not committed, Ravi can be punished with up to seven years' imprisonment and a fine. If Rohan had been hurt in consequence of the abetment, Ravi could face up to fourteen years' imprisonment and a fine.
Bare Act
Enacted text(1) 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 under this Sanhita 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.
(2) 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 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.
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