Abetment of offence punishable with imprisonment

What this section does

This section provides a residual punishment for abetting an offence punishable with imprisonment where the offence is not committed and no express punishment for the abetment is provided elsewhere. The punishment is a fraction of the maximum term for the principal offence, with a higher fraction applicable when either the abettor or the person abetted is a public servant whose duty it is to prevent that offence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Imprisonment of the description provided for the offence up to one-fourth of the longest term, or fine as provided for the offence, or both; if the abettor or person abetted is a public servant bound to prevent the offence, up to one-half of the longest term, or fine, or both.

Triable by

Magistrate of First Class

Cognizable

Depends

Bailable

Depends

Compoundable

Depends

Ingredients (what prosecution must prove)

1. The accused abetted an offence punishable with imprisonment
2. The offence was not committed in consequence of the abetment
3. No express provision for punishment of such abetment exists elsewhere in the Sanhita
4. For enhanced punishment: the abettor or the person abetted is a public servant whose duty it is to prevent the commission of such offence

Derived from IPC s.116.