§ 116 — Abetment of offence punishable with imprisonment

116.—(1) Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code or any other written law for the punishment of such abetment, be punished in the same manner as if the abettor had committed the offence.[15/2019]

(2) Despite subsection (1), where the punishment prescribed for an offence mentioned in that subsection is fixed by law, or is a specified minimum sentence or a mandatory minimum sentence of imprisonment or fine or caning, the court sentencing the person who abetted the offence —(a)

shall not be bound to impose the fixed, specified minimum or mandatory minimum sentence; and

(b)

may sentence the abettor to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence.[15/2019]

(3) To avoid doubt, nothing in subsection (2)(b) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (1) or otherwise provided by any written law for that offence.Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section for abetting the offence in section 161.

(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(c) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to the maximum term of imprisonment provided for that offence.

(d) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery is not committed, B is liable to the same punishment as if he had committed the offence of robbery.

[15/2019]

—(1) Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment, and no express provision is made by this Code or any other written law for the punishment of such abetment, be punished in the same manner as if the abettor had committed the offence.[15/2019]

(2) Despite subsection (1), where the punishment prescribed for an offence mentioned in that subsection is fixed by law, or is a specified minimum sentence or a mandatory minimum sentence of imprisonment or fine or caning, the court sentencing the person who abetted the offence —(a)

shall not be bound to impose the fixed, specified minimum or mandatory minimum sentence; and

(b)

may sentence the abettor to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence.[15/2019]

(3) To avoid doubt, nothing in subsection (2)(b) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (1) or otherwise provided by any written law for that offence.Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section for abetting the offence in section 161.

(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(c) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to the maximum term of imprisonment provided for that offence.

(d) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery is not committed, B is liable to the same punishment as if he had committed the offence of robbery.

[15/2019]