Provision

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 : 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.


Simply put

  1. If an offence punishable with imprisonment was not committed as a consequence of the abetment and
  2. No express provision is provided in the code regarding the punishment for such abetment then
  3. The offender shall be punished with imprisonment as provided with the offence itself or
    • With such term of imprisonment that may extend up to one-fourth part of the longest term of imprisonment provided for the offence or
    • With such fine provided with the offence or
    • With fine and imprisonment both provided for the offence.

Now the section further classifies between the normal offenders and the public servant. If the offence of abetment is committed by the public servant (abettor) then

  • He/she shall be imprisoned for a term which may extend to one-half of the longest term provided for the offence.
  • Or with such fine as provided with the offence
  • Or with fine and imprisonment both.

 



Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!


You might like reading these


Most Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Top Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.