ABETMENT UNDER IPC (part 2) BY TWINKLE KWATRA

In my last article I covered till section 113 and in this I will cover the rest of the section and to get clear understanding of abetment first go through my previous article. The link has been provided at the end of this article.

LET’S START FROM REMAINING SECTION

SEC 114:ABETTOR PRESENT WHEN OFFENCE IS COMMITTED

Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

SEC 115: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 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.

SEC 116:ABETMENT OF OFFENCE PUNISHABLE WITH IMPRISONMENT

  • Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both.
  • If abettor or person abetted be a public servant whose duty it is to prevent offence.—and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

SEC 117:ABETTING COMMISSION OF OFFENCE BY THE PUBLIC OR BY MORE THAN TEN PERSONS

Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

SEC 118:CONCEALING DESIGN TO COMMIT OFFENCE PUNISHABLE WITH DEATH OR IMPRISONMENT FOR LIFE

  • Whoever intending to facilitate or know­ing it to be likely that he will thereby facilitate the commis­sion of an offence punishable with death or imprisonment for life voluntarily conceals by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representa­tion which he knows to be false respecting such design,
  • If offence be committed — if offence be not committed. —shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.

SEC 119:PUBLIC SERVANT CONCEALING DESIGN TO COMMIT OFFENCE   WHICH IT IS HIS DUTY TO PREVENT

  • Whoever, being a public servant, intend­ing to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent; voluntarily conceals by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any represen­tation which he knows to be false respecting such design.
  • If offence be committed. —shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both.
  • If offence be punishable with death, etc. —or, if the offence be punishable with death or  [imprisonment for life], with imprison­ment of either description for a term which may extend to ten years.
  • If offence be not committed. —or if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

SEC 120:CONCEALING DESIGN TO COMMIT OFFENCE PUNISHABLE WITH IMPRISONMENT

  • Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an of­fence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the exist­ence of a design to commit such offence, or makes any representa­tion which he knows to be false respecting such design,
  • If offence be committed—if offence be not committed.—shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

LINK TO MY PREVIOUS ARTICLE

ABETMENT UNDER IPC (part 1) BY TWINKLE KWATRA

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