Indian Penal Code,1860
Act No : 45
Section :
Abetment of offence punishable with imprisonment--if offence be notcommitted.if abettor or person abetted be a public servant whose duty it is toprevent offence.
116. Abetment of offence punishable with imprisonment--ifoffence be not committed.--Whoever abets an offence punishable withimprisonment shall, if that offence be not committed in consequence ofthe abetment, and no express provision is made by this Code for thepunishment of such abetment, be punished with imprisonment of anydescription provided for that offence for a term which may extend toone-fourth part of the longest term provided for that offence; or withsuch fine as is provided for that offence, or with both; if abettor or person abetted be a public servant whose duty it isto prevent offence.--and if the abettor or the person abetted is apublic servant, whose duty it is to prevent the commission of suchoffence, the abettor shall be punished with imprisonment of anydescription provided for that offence, for a term which may extend toone-half of the longest term provided for that offence, or with suchfine as is provided for the offence, or with both. Illustrations (a) A offers a bribe to B, a public servant, as a reward forshowing. A some favour in the exercise of B's official functions. Brefuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does notgive false evidence, A has nevertheless committed the offence definedin 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 notcommitted, A is liable to one-half of the longest term of imprisonmentprovided 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 benot committed, B is liable to one-half of the longest term ofimprisonment provided for the offence of robbery, and also to fine.
