Category of Bare Act | Name of the Act | Year of Promulgation |
---|---|---|
Criminal Laws | Indian Penal Code | 1860 |
Act Number | Enactment Date | Chapter Number |
45 | 06.10.1860 | 5 |
Chapter Title | Sub-Chapter | Legislated by |
Of Abetment | - | Parliament of India |
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 the 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.
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 s 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.
Offence Description | Punishment provided | Cognizable/Non-Cognizable |
---|---|---|
Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both. If the abettor or the person abetted be a public servant whose duty it is to prevent the offence. |
Ditto Imprisonment extending to half of the longest term provided for the offence, or fine, or both. |
According as offence abetted is bailable or non-bailable. Ditto |
Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
Non-bailable Ditto |
Court by which offence abetted is triable |
Non-Compoundable |
Compoundable by Whom | Concerned Ministry | Concerned Department |
Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |