IPC Section 115, 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.
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
Section 115 of the Indian Penal Code provides for the penalty for abetting very serious crimes, punishable by death and life imprisonment, where the abetted crime is not committed. Even though the serious crime is not committed, the law punishes the abettor because engaging in any act of instigating or encouraging a serious crime demonstrates a criminal intent. This section makes clear in criminal law, that punishment is attached not just to the doer of the act, but the person who provokes, supports, or aids another is punishable equally.
Essential Ingredients
To attract Section 115 IPC, the prosecution must prove:
- The accused must abet another person: Abetment may be by instigation, conspiracy or intentional aiding;
- The abetted offence is a crime punishable with death or imprisonment for life;
- The abetted offence is not committed; and
- There is no separate provision in the IPC for punishment for such abetment.
Punishment under section 115 of IPC
The section provides for two situations:
- If the offence is not committed altogether: the abettor can be punished with imprisonment for term which may extend to seven years and a fine.
- If some act is done as a consequence of abetment which causes hurt: for example, the person abetted, makes an attack, and only causes injury, without committing murder. In such cases the abettor suffers a greater punishment with imprisonment for a term which may extend to fourteen years and a fine.
Illustration (given in IPC):
- A instigates B to murder Z. If Z is not murdered, A would still be liable under section 115 and may suffer up to seven years imprisonment with fine. However, if in the course of the attack, B injures Z, without killing him, A would be liable with imprisonment for a term which may extend to fourteen years, along with fine.
Judicial Perspective
Indian Courts have held in various times and contexts that abetment is a separate offence and it is not necessary that the principal crime be completed. What is important is the intent and whether the act is to instigate or assist. The seriousness of abetting an offence carrying a punishment of death or life imprisonment arises from the danger constituted in merely providing such encouragement to another.