Section 115 IPC: Abetment of Offence Punishable With Death or Imprisonment for Life
Section 115 of the Indian Penal Code, 1860 prescribed punishment for abetment of a very serious offence punishable with death or imprisonment for life where the intended offence was not committed and the IPC made no express provision for punishment of that abetment. It also prescribed an enhanced punishment where an act done in consequence of the abetment caused hurt.
Text of Section 115 IPC
Whoever abets the commission of an offence punishable with death or 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.
Meaning and scope of Section 115
The section dealt with abetment of offences carrying the gravest punishments under the IPC even though the offence abetted was ultimately not committed. Its first limb applied only where the Code contained no express provision specifically punishing that abetment.
The second limb addressed a more serious consequence: although the principal offence was not committed, an act for which the abettor was liable in consequence of the abetment was done and caused hurt to a person.
Punishment under Section 115 IPC
Where the offence abetted is not committed: imprisonment of either description for a term which may extend to seven years, and liability to fine, subject to the conditions stated in the section.
Where an act causing hurt is done in consequence: imprisonment of either description for a term which may extend to fourteen years, and liability to fine.
Essential requirements
- There must be abetment of an offence punishable with death or imprisonment for life.
- The offence abetted must not have been committed in consequence of the abetment.
- For the first limb, there must be no express IPC provision for punishment of that abetment.
- For the enhanced consequence, an act for which the abettor is liable in consequence of the abetment must be done and must cause hurt to a person.
Statutory 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 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.
Meaning of abetment
Section 107 IPC set out the modes of abetment, including instigation, conspiracy accompanied by the act or illegal omission required by that provision, and intentional aid. Section 108 IPC dealt with the meaning of an abettor. These provisions supplied the general framework for determining whether abetment existed.
Relationship with Sections 109 and 116 IPC
Section 109 IPC dealt with punishment where the act abetted was committed in consequence of the abetment and no express provision was made for its punishment. Section 115, by contrast, addressed the specified category of offences punishable with death or imprisonment for life where the offence was not committed. Section 116 IPC separately dealt with abetment of an offence punishable with imprisonment where the offence was not committed.
Historical amendment note
The expression "imprisonment for life" reflects the amendment made by Act 26 of 1955, section 117 and the Schedule, substituting it for the former expression "transportation for life" with effect from 1 January 1956.
Historical status after commencement of BNS
The Bharatiya Nyaya Sanhita, 2023 repealed the Indian Penal Code and, except for the separately treated provision in Section 106(2), came into force on 1 July 2024. The repeal-and-savings provision preserves the previous operation of the IPC and specified rights, liabilities, penalties, investigations and proceedings. This page therefore presents Section 115 IPC for the requested pre-BNS legal regime and saved matters rather than as the provision governing new post-commencement conduct.