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Section 115 IPC Abetment of offence punishable with death or imprisonment for life.-if offence not committed. if act causing harm be done in consequence.

Section 115 of Indian Penal Code 1860 : Abetment of offence punishable with death or imprisonment for life.-if offence not committed, if act causing harm be done in consequence.

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.

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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).
 

Indian Penal Code 1860

Section 106 Right of private defence against deadly assault when there is risk of harm to innocent person

Section 107 Abetment of a thing

Section 108 Abettor

Section 108A Abetment in Indian of offences outside India

Section 109 Punishment of abetment if the act abetted is committed in consequence and when no express provision is made for its punishment

Section 110 Punishment of abetment if person abetted does act with different intention from that of abettor

Sector 111 Liability of abettor when one act abetted and different act done

Section 112 Abettor when liable to cumulative punishment for act abetted and for act done

Section 113 Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

Section 114 Abettor present when offence is committed

Section 115 Abetment of offence punishable with death or imprisonment for life.-if offence not committed, if act causing harm be done in consequence.

Section 116 Abetment of offence punishable with imprisonment, if offence be not committed. if abettor or person abetted be a public servant whose duty it is to prevent offence

Section 117 Abetting commission of offence by the public or by more than ten persons

Section 118 Concealing design to commit offence punishable with death or imprisonment for life

Section 119 Public servant concealing design to commit offence which it is his duty to prevent

Section 120 Concealing design to commit offence punishable with imprisonment

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