Section 116 IPC: Abetment of Offence Punishable With Imprisonment When Offence Is Not Committed

Section 116 of the Indian Penal Code, 1860 prescribed punishment where a person abetted an offence punishable with imprisonment, the offence was not committed in consequence of the abetment, and the IPC made no express provision for punishment of that abetment. It prescribed a higher maximum where the abettor or the person abetted was a public servant whose duty was to prevent the offence.

Legal position covered: This article explains Section 116 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force. It is an IPC reference for the pre-BNS regime and matters preserved after repeal.

Text of Section 116 IPC

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.

Meaning and scope of Section 116

Section 116 dealt with an incomplete consequence of abetment: the offence that was encouraged, aided or otherwise abetted was not ultimately committed. The provision nevertheless imposed punishment for the abetment itself where the underlying offence was punishable with imprisonment and no express IPC provision separately prescribed punishment for that abetment.

The section contained a special rule where either the abettor or the person abetted was a public servant whose duty it was to prevent commission of that offence. In those circumstances, the maximum proportion of the imprisonment prescribed for the underlying offence increased from one-fourth to one-half of its longest term.

Punishment under Section 116 IPC

General rule: imprisonment of a description provided for the underlying offence for a term extending up to one-fourth of its longest term, or the fine provided for that offence, or both.

Public servant situation specified in the section: imprisonment of a description provided for the offence extending up to one-half of its longest term, or the fine provided for the offence, or both.

Essential requirements

There must be abetment of an offence punishable with imprisonment.
The offence must not be committed in consequence of the abetment.
No express IPC provision must provide punishment for that particular abetment.
For the enhanced rule, the abettor or person abetted must be a public servant whose duty is to prevent commission of that offence.

Statutory 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.

Meaning of abetment and abettor

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. Those provisions supplied the general framework for determining whether the prerequisite abetment existed.

Relationship with Sections 109 and 115 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 IPC separately addressed abetment of an offence punishable with death or imprisonment for life where the offence was not committed. Section 116 addressed offences punishable with imprisonment in the circumstances stated in that section.

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 116 IPC for the requested pre-BNS legal regime and saved matters rather than as the provision governing new post-commencement conduct.