Code:
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.
Explanation:
This section deals with the punishment for abetting an offence that was intended but not actually committed. Abetment involves instigating, aiding, or encouraging another person to commit an offence. If the intended offence is punishable with imprisonment, the abettor can be punished even if the offence itself was not ultimately carried out.
Illustration:
A persuades B to steal a car. B intends to steal the car but is apprehended before he can do so. In this case, A can be punished under Section 116 even though the theft was not committed.
Common Questions & Answers on Section 116 IPC
Q. What does Section 116 IPC deal with?
Section 116 IPC provides punishment for abetting an offence punishable with imprisonment in cases where the offence is not actually committed.
Q. What is the punishment under Section 116 IPC?
The punishment is up to one-fourth of the maximum term provided for the offence abetted. If the offence abetted is punishable with life imprisonment, the punishment can extend up to 7 years along with a fine.
Q. Is it necessary for the offence to be committed to invoke Section 116?
No, Section 116 applies specifically when the abetted offence is not committed. It targets the act of abetment itself.
Q. How is Section 116 IPC different from Section 109 IPC?
Section 109 applies when the offence abetted is actually committed. Section 116 applies when the offence is not committed, but there was an attempt to abet it.
