What Is Punishment When Abetted Act Is Not Committed

IPC SECTION 116-INDIAN PENAL CODE- ABETTMENT OF OFFENCE PUNISHABLE WITH IMPRISONMENT - IF THE OFFENCE BE NOT COMMITTED

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.

Explanation

Through this section, we can conclude that it talks about two things, first is what would be the punishment for the abetment of the offence punishable with imprisonment when the offence abetted is not committed. The second thing that these section talks are that what would be the punishment if the person is said to have abetted a public servant who is on duty. The first part of the section talks about when an abettor abets an offence of which the punishment is imprisonment, and the offence is not committed by anyone, in that case, the punishment would be any imprisonment with any kind of description of any term which may extend to the one-fourth part of the longest term provided for that offence with fine. The second part talks about the abatement offence with a public servant, in that case, the punishment would be imprisonment with any kind of description, for the term which may extend to the one-half of the longest term provided for that offence with fine. 

Illustration-

(a) D tries to offer a bribe to M, who is a public officer and is on duty. M refuses to take the bribe, in this case, D would be punishable under the said section. 

(b) D tries to instigate K to give false evidence, K is a public servant and refuses to do so. In this case, D would be held liable for the said offences. 

(c) The police officer whose duty is to prevent the offence of robbery abets the commission of the robbery, in this case, the robbery is not committed, the police officer is liable for the one-half of the longest imprisonment provided in that description.

(d) B tries to commit the crime of robbery by abetting A who is a police officer and he must prevent the robbery, although robbery is not committed. In that case, B would be held liable for the punishment of one-half of the longest term of imprisonment that is provided in any description and fine also. 

Classification of the offence

Para 1 

Punishment- Imprisonment extending to the quarter part of the longest term, provided for the offence. 

Bail- According to the offence abetted is bailable or non-bailable.

Triable by the court for the offence abetted is triable or non-triable-non-compoundable.

Para 2

Punishment-Imprisonment extending to the half of the longest term provided for the offence. 

Bail- According to the offence abetted is bailable or non-bailable.

Triable by the court for the offence abetted is triable or non-triable-non-compoundable.