Code:
Whoever abets the commission of an offence punishable with death or 1 [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.–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.
Illustration
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 1[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.
Explanation:
This section states that whoever abets an offence punishable with death or imprisonment for life, shall, if the offence is not committed, be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.
Abetment means to instigate, aid, or counsel another person to commit an offence.
This section applies when the intended offence is not actually committed, but the accused person actively encouraged or assisted someone in attempting to commit such an offence.
Illustration:
A persuades B to murder C. B, however, does not go through with the murder. In this scenario, A, despite not committing the murder himself, can be charged under Section 115 of the IPC for abetting the offence of murder, which is punishable with death or life imprisonment.
Common Questions and Answers:
Q: What is the punishment for abetment under Section 115?
A: The punishment for abetment under Section 115 is imprisonment for a term which may extend to seven years, or with fine, or with both.
Q: Does Section 115 apply even if the intended offence is not committed?
A: Yes, Section 115 specifically applies to situations where the intended offence is not committed.
Q: What are some examples of abetment under Section 115?
A: Examples include:
- Providing weapons or tools to someone intending to commit murder.
- Planning and scouting locations for a robbery.
- Instructing someone on how to commit an act of arson.
