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IPC Section 116 - Abetment of offence punishable with imprisonment -- if offence be not committed
Last Updated: 01 Mar, 2025
By Advocate Chikirsha Mohanty
(The words “if offence be not committed” are excluded from the heading. The heading of paragraph 2, “If abettor or person abetted be a public servant whose duty it is to prevent offence” is excluded. The word “by” is replaced by “under”)
Please refer to BNS 56 for updated procedures & punishments.
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.
IPC 116 in Simple Words
If someone encourages a crime that doesn't happen because of their encouragement, they can be punished with up to one-fourth of the maximum punishment for that crime or with a fine, and if the person they encouraged is a public servant responsible for preventing the crime, the punishment can be up to one-half of the maximum penalty or a fine, or both.
Abetment of offence punishable with imprisonment--if offence be not committed
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Abetment of an offence, punishable with imprisonment, If the offence be not committed in consequence of the abetment | One-Fourth of Offence or Fine or Both | Same As Offence | Same As Offence | Same As Offence |
| If the abettor or the person abetted be a public servant whose duty it is to prevent the offence | Half of Offence or Fine or Both | Same As Offence | Same As Offence | Same As Offence |
Offence : 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
Cognizance : Same As Offence
Bail : Same As Offence
Triable : Same As Offence
Offence : 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
Cognizance : Same As Offence
Bail : Same As Offence
Triable : Same As Offence
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Frequently Asked Questions
What is the difference between Section 115 and 116 of the IPC?
The IPC section 116 deals with aiding and abetment of an offense punishable by imprisonment, but not committed. This section is the same as Section 115 but only applies to crimes punishable by imprisonment. 25 Apr 2023
What is Section 117 of the IPC?
Anyone who abets an offence committed by the general public or any group or category of people exceeding ten is punished by imprisonment for up to three years in either type of prison, or by a fine or both.
