IPC Section 116: Abetment of Offence Punishable with Imprisonment (Offence Not Committed)

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IPC Section 116: Abetment of Offence Punishable with Imprisonment (Offence Not Committed)

1. The Code:


“Whoever abets an offence punishable with imprisonment, shall, if the offence be not committed, be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence, or with fine, or with both.”

2. 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.

3. 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.

4. Common Questions & Answers:

Q: What is the maximum punishment under Section 116?
A: Imprisonment for half the longest term provided for the intended offence, or fine, or both.

Q: Does Section 116 apply if the intended offence was not punishable with imprisonment?
A: No, Section 116 only applies to offences punishable with imprisonment.

Q: Can a person be punished under Section 116 if he/she only intended to aid the offence, but did not actually do anything to help?
A: Yes, even intention to aid is sufficient for punishment under Section 116.

Also Read  CrPC Section 77: Warrant Execution Locations
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