Code:
Whoever abets an assault by an officer, soldier, 1 [sailor or airman], in the Army, 2 [Navy or Air Force] of the 3[Government of India], on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine
Explanation:
This section states that whoever abets an assault shall be punished with the punishment provided for the assault. Abetment means instigating, aiding, or encouraging another person to commit an assault.
Assault is defined under Section 351 of the IPC as causing actual harm to someone or intentionally or knowingly causing fear of immediate harm.
Illustration:
For example, if a person A tells person B to punch person C, and person B then punches person C, both person A and person B would be guilty under Section 134. Person A is guilty of abetment, while person B is guilty of the assault itself.
Common Questions and Answers:
Q: What are the different ways a person can abet an assault?
A: Abetment can be done in various ways, such as:
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- Instigating the assault by verbally urging the person to commit it.
- Aiding the assault by providing tools or assistance to the perpetrator.
- Encouraging the assault by praising or supporting the perpetrator’s intentions.
- Q: What is the punishment for abetting an assault?
- A: The punishment for abetment of assault is the same as the punishment for the assault itself. The punishment can range from a fine to imprisonment depending on the severity of the assault.
- Q: Does the abettor have to be present at the time of the assault?A: No, the abettor does not need to be present at the time of the assault. The abetment can occur even if the person is not physically present at the scene of the crime.
