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Section 115 - Abetment of offence punishable with death or imprisonment for life-if offence not committed | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

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Indian Penal Code, 1860 Section 115The Bharatiya Nyaya Sanhita, 2023 Section 55

Indian Penal Code, 1860

Section 115

Abetment of offence punishable with death or imprisonment for life-if offence not committed

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Indian Penal Code, 1860

115. Abetment of offence punishable with death or imprisonment for life-if offence not committed

Whoever abets the commission of an offence punishable with death or 51[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  51[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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The Bharatiya Nyaya Sanhita, 2023

Section 55

Abetment of offence punishable with death or imprisonment for life

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The Bharatiya Nyaya Sanhita, 2023

55. 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 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.

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55. Abetment of offence punishable with death or imprisonment for life.