Section 116 IPC: Abetment of offence punishable with imprisonment—if offence be not committed

Indian Penal Code, 1860

Section 116 IPC at a Glance

Section 116 IPC deals with abetment of offence punishable with imprisonment—if offence be not committed. It is triable by the Court by which offence abetted is triable; from 1 July 2024 it is replaced by Section 56 BNS.

Punishment

Imprisonment of any description provided for the offence for a term extending to one-fourth of the longest term provided for that offence, or extending to one-half of that longest term where the abettor or the person abetted is a public servant whose duty it is to prevent the offence.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ Court by which offence abetted is triable ⓘ

BNS Equivalent

Section 56 →

Section 116 IPC Bare Act Text

116. Abetment 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;
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.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.
(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
(c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

Source: Section 116, Indian Penal Code, 1860

Section 116 IPC in Simple Words

Section 116 of the Indian Penal Code (IPC) punishes abetment of an offence punishable with imprisonment where the offence is not committed in consequence of the abetment, and no express statutory provision exists for its punishment. The abettor is punishable with imprisonment of any description provided for that offence for a term extending to one-fourth of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Where the abettor or person abetted is a public servant whose duty is to prevent the offence, imprisonment extends to one-half of the longest term, or fine, or both. Bail, cognizance, the trial forum and compounding follow the offence abetted.

Ingredients of Section 116 IPC

The accused abetted the commission of an offence punishable with imprisonment
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 liability, the abettor or the person abetted was a public servant whose duty it was to prevent the commission of such offence

Punishment Under Section 116 IPC

Imprisonment

Fine

Such fine as is provided for the offence, or both, under both limbs.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ Court by which offence abetted is triable ⓘ

The First Schedule and Section 320(3) CrPC classify this abetment by reference to the offence, so cognizance, bail, the trial court and compounding all follow it.

Cognizable: According as offence abetted is cognizable or non-cognizable
Bailable: According as offence abetted is bailable or non-bailable
Compoundable: Where the offence abetted is compoundable, Section 320(3) CrPC lets its abetment be compounded in like manner. Otherwise it cannot be compounded.

Abetment of an offence punishable with imprisonment where the offence is not committed carries up to one-fourth of the longest term provided for the offence, or its fine, or both. Where a public servant bound to prevent the offence is involved, the imprisonment extends to one-half of the longest term, or fine, or both. Bail, cognizance, trial court and compounding follow the offence abetted.

Example of Section 116 IPC

In Madurai in 2019, Harish urged his clerk Pradeep to forge a payment receipt in the name of a rival trader, Sundar, to claim a false credit. Forgery was an offence punishable with imprisonment under Section 465 IPC, and no express provision in the Code punished its uncommitted abetment. Pradeep refused the instruction and never created the false receipt, so the offence was not committed in consequence of the instigation. Because Harish abetted an offence punishable with imprisonment that was not committed, Harish is punishable under Section 116 IPC.

When Section 116 IPC Does Not Apply

The abetted offence was actually carried out as a result of the abetment.
The offence that was abetted is punishable only with a fine and carries no term of imprisonment.
Another provision of the Code expressly prescribes the punishment for abetting that particular offence, such as an offence punishable with death or life imprisonment under Section 115 IPC.
Neither the abettor nor the person abetted was a public servant under a legal duty to prevent the offence, in which case the enhanced one-half punishment under Section 116 IPC does not apply.

Section 116 IPC in the BNS

Section 116 IPC is now covered under Section 56 BNS.

Section 116 IPC is replaced by Section 56 BNS. The fractions of punishment, up to one-fourth of the longest term or up to one-half where a public servant bound to prevent the offence is involved, remain unchanged. The phrase under this Sanhita replaces by this Code, and the section heading drops the marginal words if offence be not committed and if abettor or person abetted be a public servant whose duty it is to prevent offence. The first illustration, in which A offers a bribe to B, a public servant, who refuses it, is omitted, and the remaining three illustrations are re-lettered a, b and c.

View detailed comparison (IPC 116 vs BNS 56) →

FAQs on Section 116 IPC

What does Section 116 IPC say?▼

Section 116 IPC provides that 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; 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.

What is the punishment under the first part of Section 116 IPC?▼

Under the first part of Section 116 IPC, where the offence is not committed, the abettor is punishable with imprisonment of any description provided for the offence extending to one-fourth of the longest term provided, or with such fine as is provided for the offence, or with both.

When does the higher one-half punishment apply under Section 116 IPC?▼

The higher term extending to one-half of the longest term provided for the offence, or fine, or both, applies where the abettor or the person abetted is a public servant whose legal duty is to prevent the commission of that offence.

Does Section 56 BNS keep the bribe illustration of Section 116 IPC?▼

No. Section 56 BNS omits the first illustration, in which A offers a bribe to B, a public servant, and B refuses it. The other three illustrations are kept and re-lettered a, b and c.

Is an offence under Section 116 IPC cognizable?▼

Cognizability is conditional under the First Schedule to the CrPC, determined according as the offence abetted is cognizable or non-cognizable.

Is an offence under Section 116 IPC bailable?▼

Bail status is conditional under the First Schedule to the CrPC, determined according as the offence abetted is bailable or non-bailable.

Which court tries an offence under Section 116 IPC?▼

Under the First Schedule to the CrPC, an offence under Section 116 IPC is triable by the court by which the offence abetted is triable.

Can an offence under Section 116 IPC be compounded?▼

Under Section 320(3) CrPC, where the substantive offence abetted is compoundable, its abetment under Section 116 IPC may be compounded in like manner. Otherwise it cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 116 IPC?▼

Section 56 BNS corresponds to Section 116 IPC, retaining the punishment fractions and three illustrations while omitting the illustration on offering a bribe.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·