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Section 55 - 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.
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.
Related Sections
- Section 51: Liability of abettor when one act abetted and different act done
- Section 44: Right of private defence against deadly assault when there is risk of harm to innocent person
- Section 132: Assault or criminal force to deter public servant from discharge of his duty
- Section 110: Attempt to commit culpable homicide
- Section 290: Negligent conduct with respect to pulling down, repairing or constructing buildings, etc