Abetment of offence punishable with imprisonment—if offence be not committed
AI Assist
Summary
When someone abets an offence punishable with imprisonment but the offence is not actually committed and no other punishment is prescribed, the abettor can still be punished. The punishment may be up to one-fourth of the longest jail term for that offence, or the fine provided for it, or both. If the abettor or the person abetted is a public servant whose duty is to prevent the offence, the jail term may extend up to one-half of the longest term.
Example
Ravi, a police constable whose duty is to prevent theft, encourages Aditya to plan a robbery, but the robbery is not carried out. Even though the offence did not occur, Ravi can be punished under this provision by imprisonment up to one-half of the maximum term for robbery and may also be fined.
Bare Act
Enacted textWhoever 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 Code 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; if abettor or person abetted be a public servant whose duty it is to prevent offence.
If abettor or person abetted be a public servant whose duty it is to prevent offence – and 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 offers a bribe to B, a public servant, as a reward for showing. A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.
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(b) 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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(c) 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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(d) 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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