Indian Penal Code, 1860 · Chapter V: Of Abetment
Section 116: Abetment of offence punishable with imprisonment.—if offence be not committed
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Abetting an offence punishable with imprisonment, where the offence is not committed as a result and no express provision applies, is punishable with imprisonment of a kind provided for the offence for up to one-fourth of its longest term, or the fine provided for it, or both.
- If the abettor or the person abetted is a public servant whose duty is to prevent the offence, the limit rises to one-half of the longest term, or the fine, or both.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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; 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 116
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Manoj Tejraj Jain v. State of Gujarat
Challenge to the judgment of the High Court whereby the appeals filed by the appellants herein were dismissed against the judgment of the trial court convicting them for offences u/ss.25A and 29, Narcotic Drugs and…
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Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
- Mohammad Irfan v. State of Karnataka
- M Siddiq (D) Thr Lrs v. V. Mahant Suresh Das & Ors
- Somasundaram @ Somu v. State Rep. by Dy. Comm. of Police
- Mohd. Arif @Ashfaq v. He Registrar, Supreme Court of India & Ors.
- Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka
- Sanjay Kumar Kedia v. Narcotics Control Bureau & Anr.
- Commissioner of Central Excise, New Delhi v. M/S. Hari Chand Shri Gopal Etc.
- Satvir Singh and Ors. v. State of Punjab and Anr.
- Umar Abdul Sakoor Sora Thia v. Intelligence Officer Narcotic Control Bureau
- Ashok Kumar Alias Golu v. Union of India and Ors.
- Maha Singh v. State (Delhi Administration)
- Bhajahari Mondal v. The State of West Bengal
- Ram Krishan and Another v. The State of Delhi