Indian Penal Code, 1860
Section 116
repealedAbetment of offence punishable with imprisonment -- if offence be not committed
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;
Why this exists
This is part of the IPC's general scheme on abetment (Sections 107–120), drafted by the original framers to ensure that encouraging or conspiring toward a crime is itself punishable, not just the completed crime. Section 116 fills a gap: it covers cases where the abetted offence carries a jail term but never actually happens, and no separate provision already punishes that specific abetment. The lighter punishment (a fraction of the full term) reflects that no actual harm occurred, while still deterring people from instigating or aiding crimes.
Common misconceptions
- Myth: You can only be punished for abetment if the crime you encouraged actually happens.
Fact: Section 116 specifically punishes abetment even when the crime does NOT happen, as long as it was punishable with imprisonment and no other law already covers that situation. - Myth: The abettor gets the same punishment as if the crime had been completed.
Fact: The law reduces the punishment—up to only one-fourth of the maximum prison term for that offence, or a fine, or both—since the actual crime never occurred.