Abetment of offence punishable with death or imprisonment for life if offence not committed
AI Assist
Summary
Abetting an offence that would attract death or imprisonment for life is punishable even if the offence itself is not committed, provided no other provision in the Code deals with that abetment. If the offence is not carried out, the abettor may be sentenced to imprisonment for up to seven years and fined. If some act done in consequence of the abetment causes hurt, the punishment may extend to fourteen years and a fine.
Example
Arjun urges Rohan to kill a rival shopkeeper, but Rohan does not carry out the murder. Because the intended offence would attract death or life imprisonment, Arjun can be sentenced to up to seven years and fined. If Rohan had instead hurt the shopkeeper in consequence of the abetment, Arjun could face up to fourteen years and a fine.
Bare Act
Enacted textWhoever 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.
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.
Illustrations
(1) 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.
Previous year papers
Pick your exam. we'll email the most recent paper.