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

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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.

Where this provision sits

Act	The Indian Penal Code, 1860
Section	115
Marginal note	Abetment of offence punishable with death or imprisonment for life
Jurisdiction	Central
Status	Repealed
Judgments citing it	3

Judgments that turned on this provision

ABA/72/2016 of IMRN IRFAN KHAN AND ANR Vs THE STATE OF MAHARASHTRABombay High Court · 2016-04-01
CR.A/452/1989 of CHHIBUBHAI D KOLI,PATEL Vs STATE OF GUJARATHigh Court of Gujarat · 1997-01-07

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