Abetment of offence punishable with imprisonment
AI Assist
Summary
Abetting an offence punishable with imprisonment is itself punishable even if the offence is not committed. The abettor can be sentenced to up to one-fourth of the longest imprisonment prescribed for that offence, or be fined as for that offence, or both. If the abettor or the person abetted is a public servant whose duty was to prevent the offence, the maximum term rises to one-half of the longest imprisonment.
Example
Rohan asks Karan to snatch a phone, but Karan does not do it. Rohan can be punished as an abettor with up to one-fourth of the maximum jail term for snatching, or with the fine applicable to that offence, or with both. If Rohan or Karan is a police officer whose duty was to prevent snatching, Rohan would face up to one-half of the maximum term or the fine or both.
Bare Act
Enacted text(1) 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 Sanhita 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.
(2) 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
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(a) 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.
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(b) 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.
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(c) 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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