Section 116 IPC Abetment of offence punishable with imprisonment, if offence be not committed. if abettor or person abetted be a public servant whose duty it is to prevent offence

Section 116 of Indian Penal Code 1860 : Abetment of offence punishable with imprisonment, if offence be not committed. if abettor or person abetted be a public servant whose duty it is to prevent offence

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 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.-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
(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.

(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.

(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.

(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.
 

Indian Penal Code 1860

Section 106 Right of private defence against deadly assault when there is risk of harm to innocent person

Section 107 Abetment of a thing

Section 108 Abettor

Section 108A Abetment in Indian of offences outside India

Section 109 Punishment of abetment if the act abetted is committed in consequence and when no express provision is made for its punishment

Section 110 Punishment of abetment if person abetted does act with different intention from that of abettor

Sector 111 Liability of abettor when one act abetted and different act done

Section 112 Abettor when liable to cumulative punishment for act abetted and for act done

Section 113 Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

Section 114 Abettor present when offence is committed

Section 115 Abetment of offence punishable with death or imprisonment for life.-if offence not committed, if act causing harm be done in consequence.

Section 116 Abetment of offence punishable with imprisonment, if offence be not committed. if abettor or person abetted be a public servant whose duty it is to prevent offence

Section 117 Abetting commission of offence by the public or by more than ten persons

Section 118 Concealing design to commit offence punishable with death or imprisonment for life

Section 119 Public servant concealing design to commit offence which it is his duty to prevent

Section 120 Concealing design to commit offence punishable with imprisonment