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Section history

Section 115 — Abetment of offence punishable with death or imprisonment for life

Consolidated view is experimental and may be broken for certain provisions.

Amendments
Section 115 — Original text to 1 March 2022superseded
115.Abetment of an offence punishable with death or imprisonment for life if the offence is not committed in consequence of the abetment. If an act which causes harm is done in consequence of the abetment

Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is 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 for a term which may extend to 715 years, and shall also be liable to fine or to caning; 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 for a term which may extend to 1420 years, and shall also be liable to fine or to caning.

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. Therefore, A is liable to imprisonment for a term which may extend to 715 years, and also to a finefine or to caning; 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 1420 years, and to fine or to caning.

[Indian PC 1860, s. 115]

Section 115 — From 1 March 2022 (current)rewritten by Criminal Law (Miscellaneous Amendments) Act 2021
115.Abetment of offence punishable with death or imprisonment for life

Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code or by any other written law for the punishment of such abetment, be punished with imprisonment for a term that may extend to 20 years, and shall also be liable to fine or to caning.

Illustration

A instigates B to murder Z. The offence is not committed. If B had murdered Z, B would have been subject to the punishment of death. Therefore, A shall be punished with imprisonment for a term that may extend to 20 years, and shall also be liable to fine or to caning.