Abetment of offence punishable with death or imprisonment for life if offence not committed is defined under section 115 of ipc. Provisions under IPC section 115 explained here:
What is Section 115 IPC:
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 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.
Illustrations
- 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.
CLASSIFICATION OF OFFENCE
Para 1: Punishment – Imprisonment for 7 years and fine – According as offence abetted is cognizable or non cognizable – Non-Bailable — Triable by court by which offence abetted is triable–Non-compoundable.
Para 2: Punishment – Imprisonment for 14 years and fine – According as offence abetted is cognizable or non cognizable – Non-Bailable — Triable by court by which offence abetted is triable–Non-compoundable.
Section 115 IPC Explanation:
Any person who abets an offence punishable with imprisonment for life or death shall be punished with imprisonment for a term that may extend to seven years even though the offence committed was not the result of the abetment or shall also be liable to pay fine when the act was direct consequence of the abetment then the abettor shall be liable to imprisonment for a term which may extend to fourteen years, and shall also be liable to pay fine.
