Section 115 of IPC 1860: Abetment of offence punishable with death or imprisonment for life if offence not committed
Abetment of offence punishable with death or imprisonment for life if offence not committed-Indian Penal Code
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.
Under the Indian Penal Code (IPC), the specific provision you’re referring to is Section 115, which deals with “Abetment of an offence punishable with death or imprisonment for life if the offence is not committed.”
Key Points of Section 115:
- Abetment of Serious Offence:
- This section applies when a person abets the commission of a serious offence, such as one punishable with death or imprisonment for life.
- Abetment means instigating, aiding, or conspiring in the commission of an offence.
- Offence Not Committed:
- If the intended offence (that is punishable by death or life imprisonment) is not committed despite the abetment, the person who abetted it can still be punished under this section.
- Punishment for Abetment:
- If the serious offence is not committed, and if there is no specific punishment for such abetment elsewhere in the IPC, the abettor can be punished with imprisonment for a term that may extend to seven years.
- In addition to imprisonment, the abettor can also be liable to a fine.
- Liability for Harm:
- If any harm is caused as a result of the act of abetment (for instance, if the abetment leads to an unintended crime or injury), the abettor will be liable for that harm as well.
Example Scenario:
- Suppose A encourages B to commit murder (an offence punishable with death or life imprisonment). If B does not commit the murder, but the act of abetment results in B causing some harm (e.g., B attempts the murder but only injures the victim), then A may still be punished under Section 115.
- If the murder or life imprisonment sentence was not carried out, but harm occurred due to the attempted crime, A can be imprisoned for up to seven years and fined.