PPC Section 116

PPC Section 116 | Abetment of Offence Punishable with Imprisonment—If the Offence Be Not Committed

Section 116: 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.

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 hot give false evidence A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(c)	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 proved for that offence, and also to fine.

(d)	B abets the commission of a robbery by H, 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	Cognizance	Summons	Bail	Punishment	Triable
Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.	May arrests without warrant if arrest for the offence abetted may be made without warrant, but not otherwise.	According as a warrant or summons may issue for the offence abetted.	According as the offence abetted is bailable or not.	Imprisonment extending to a quarter part of the longest term, and of any description, provided for the offence, or fine, or both.	The court by which the offence abetted is triable
If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.	Ditto	Ditto	Ditto	Imprisonment extending to half of the longest term, and of any description, provided for the offence, or fine, or both.	Ditto