If the crime never happens, the person who planned or encouraged it faces no punishment.

Section 115 specifically punishes the abetment (encouragement, instigation, or conspiracy) of serious crimes even when the crime is not actually committed, with up to 7 years imprisonment and a fine.

Section 115 applies to abetting any crime.

This section only applies to abetment of offences punishable with death or life imprisonment, and only when no other specific IPC provision already covers that abetment.

Indian Penal Code, 1860

Section 115

repealed

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 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;§

Why this exists

The IPC's abetment provisions (Sections 107-120) were designed to punish people who instigate, conspire, or help commit crimes, even if their role is indirect. Section 115 specifically targets attempts to abet the most serious crimes (those punishable by death or life imprisonment) when the plan fails or the crime doesn't happen. The drafters wanted to deter dangerous planning and encouragement of grave offences, recognizing that the mere failure of a crime to occur doesn't erase the danger or culpability of the person who tried to bring it about.

Common misconceptions

Myth: If the crime never happens, the person who planned or encouraged it faces no punishment.
Fact: Section 115 specifically punishes the abetment (encouragement, instigation, or conspiracy) of serious crimes even when the crime is not actually committed, with up to 7 years imprisonment and a fine.
Myth: Section 115 applies to abetting any crime.
Fact: This section only applies to abetment of offences punishable with death or life imprisonment, and only when no other specific IPC provision already covers that abetment.