Bharatiya Nyaya Sanhita 2023
Section 55 :
Abetment of offence punishable with death or imprisonment for life :
(See section 115 of IPC 1860)
Section : 55
Classification of Offence:
Offence : Abetment of an offence, punishable with death or imprisonment for life if the offence be not committed in consequence of the abetment.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court by which offence abetted is triable.
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Offence : If an act which causes harm be done in consequence of the abetment.
Punishment : Imprisonment for 14 years and fine.
Cognizable or Non-cognizable : According as offence abetted is cognizable or non-cognizable.
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court by which offence abetted is triable.
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Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; 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 of either description for a term which may extend to fourteen years, and shall also be liable to fine.
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 or imprisonment for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; 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 fourteen years, and to fine.
Indian Penal Code 1860 (IPC 1860)
Section 115 :
Abetment of offence punishable with death or imprisonment for life – if offence not committed:
(See section 55 of BNS 2023)
Classification of Offence:
Offence : Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :According as the offence abetted is cognizable or non-cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence abetted is triable
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Offence : If an act which causes harm be done in consequence of the abetment.
Punishment : Imprisonment for 14 years and fine
Cognizable or Non-cognizable :According as the offence abetted is cognizable or non-cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court by which offence abetted is triable
————–
Whoever abets the commission of an offence punishable with death or 1.[imprisonment for life], 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 either description for a term which may extend to seven years, and shall also be liable to fine;
If act causing harm be done in consequence –
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 of either description for a term which may extend to fourteen years, and shall also be liable to fine.
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 or 1[imprisonment for life]. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; 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 fourteen years, and to fine.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).