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INDIAN KANOON SECTION 116 IPC - Indian Penal Code - Abetment of offence punishable with imprisonment--if offence be not committed

  • Description

    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.


    Applicable Offences

    1. Abetment of an offence, punishable with imprisonment, If the offence be not committed in consequence of the abetment
    Punishment - One-Fourth of Offence or Fine or Both
    This is a Same As Offence, Same As Offence offence and triable by Same As Offence

    2. If the abettor or the person abetted be a public servant whose duty it is to prevent the offence
    Punishment - Half of Offence or Fine or Both
    This is a Same As Offence, Same As Offence offence and triable by Same As Offence

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
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