Section 115 IPC: Abetment of offence punishable with death or imprisonment for life.—if offence not committed
Indian Penal Code, 1860
Section 115 IPC at a Glance
Section 115 IPC deals with abetment of offence punishable with death or imprisonment for life.—if offence not committed. It is non-bailable, triable by the Court by which offence abetted is triable; from 1 July 2024 it is replaced by Section 55 BNS.
Imprisonment of either description for a term extending to seven years where no hurt is caused. Imprisonment of either description for a term extending to fourteen years if an act causing hurt is done in consequence of the abetment.
Section 115 IPC Bare Act Text
115. Abetment of offence punishable with death or imprisonment for life.—if offence not committed
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;
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.
IllustrationA 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.
Source: Section 115, Indian Penal Code, 1860
Section 115 IPC in Simple Words
Section 115 of the Indian Penal Code (IPC) punishes abetment of an offence punishable with death or imprisonment for life where that offence is not committed in consequence of the abetment, and no express provision is made by the Code for its punishment. The abettor is liable to imprisonment of either description for a term extending to seven years, and is also liable to fine.
Where an act causing hurt to any person is done in consequence of the abetment, the term of imprisonment may extend to fourteen years, and the offender is also liable to fine. The offence is non-bailable, not compoundable, and cognizance and trial court follow the offence abetted.
Ingredients of Section 115 IPC
- The accused abetted the commission of an offence punishable with death or imprisonment for life
- The offence abetted was not committed in consequence of the abetment
- No express provision is made by the Code for the punishment of such abetment
- For enhanced punishment, an act causing hurt to any person was done in consequence of the abetment for which the abettor was liable
Punishment Under Section 115 IPC
Imprisonment of either description for a term extending to seven years where no hurt is caused. Imprisonment of either description for a term extending to fourteen years if an act causing hurt is done in consequence of the abetment.
Liability to fine in addition to imprisonment under both limbs.
The First Schedule makes this non-bailable in every case. Cognizance and the trial court follow the offence abetted.
- Cognizable: According as offence abetted is cognizable or non-cognizable
Abetment of an offence punishable with death or life imprisonment where the offence is not committed carries imprisonment extending to seven years, and liability to fine. If hurt is caused in consequence, imprisonment extends to fourteen years, and liability to fine. The offence is non-bailable and not compoundable, while cognizance and trial court follow the offence abetted.
Example of Section 115 IPC
When Section 115 IPC Does Not Apply
- The offence punishable with death or imprisonment for life was actually committed in consequence of the abetment.
- The offence that was abetted was punishable only with a fixed term of imprisonment or fine, and not with death or imprisonment for life.
- Another provision of the Code expressly prescribes the punishment for abetting that specific offence.
- The enhanced fourteen-year term does not apply where no act causing hurt to any person was done in consequence of the abetment.
Section 115 IPC in the BNS
Section 115 IPC is now covered under Section 55 BNS.
Section 115 IPC is replaced by Section 55 BNS. The punishments of imprisonment up to seven years and liability to fine, or up to fourteen years and liability to fine where hurt is caused, remain unchanged. The phrase under this Sanhita replaces by this Code, and the section heading drops the marginal limbs if offence not committed and if act causing harm be done in consequence.
View detailed comparison (IPC 115 vs BNS 55) →FAQs on Section 115 IPC
What does Section 115 IPC say?▼
Section 115 IPC provides that 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; 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.
What is the basic punishment under Section 115 IPC?▼
Where the offence abetted is not committed and no hurt is caused, the abettor is punished with imprisonment of either description for a term extending to seven years, and is also liable to fine.
When does the higher fourteen-year term apply under Section 115 IPC?▼
The higher punishment of imprisonment extending to fourteen years, along with liability to fine, applies if an act for which the abettor is liable in consequence of the abetment is done and causes hurt to any person.
Is an offence under Section 115 IPC bailable?▼
No. According to the First Schedule to the CrPC, an offence under Section 115 IPC is non-bailable in every case under both limbs.
Is an offence under Section 115 IPC cognizable?▼
Cognizability is conditional. Under the First Schedule to the CrPC, cognizance is determined according as the offence abetted is cognizable or non-cognizable.
Which court tries an offence under Section 115 IPC?▼
Under the First Schedule to the CrPC, an offence under Section 115 IPC is triable by the court by which the offence abetted is triable.
Can an offence under Section 115 IPC be compounded?▼
No. Section 320 CrPC does not list Section 115 IPC, and no offence punishable with death or imprisonment for life appears in its tables, so Section 320(3) CrPC does not reach the abetment either.
Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 115 IPC?▼
Section 55 BNS corresponds to Section 115 IPC, preserving the two tiers of punishment while updating statutory terminology and shortening the section heading.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·