Section 56 deals with the punishment for abetment of offences that are punishable with imprisonment. It ensures that even if the offence is not actually committed, the abettor faces legal consequences, with stricter punishment if the abettor or the abetted person is a public servant.
Key Provisions:
- General Rule:
If an offence punishable with imprisonment is abetted, but not committed, and no specific punishment is otherwise provided, the abettor shall be punished with:- Imprisonment (of any description provided for that offence) up to one-fourth of the maximum term prescribed for that offence, or
- Fine as provided for that offence, or
- Both imprisonment and fine.
- If Public Servant is Involved:
If the abettor or the person abetted is a public servant whose duty was to prevent the offence:- Punishment increases to one-half of the maximum term prescribed for that offence, or
- Fine as provided for that offence, or
- Both imprisonment and fine.
How It Protects:
- Ensures accountability even when offences are not carried out.
- Imposes harsher penalties on public servants who betray their duty.
- Deters individuals from encouraging crimes, knowing that even failed attempts to instigate are punishable.
Example:
- (a) A instigates B to give false evidence. If B does not give false evidence, A is still punishable under this section.
- (b) A, a police officer whose duty is to prevent robbery, abets robbery. Even if the robbery does not happen, A can be punished with up to half the maximum imprisonment term for robbery, and fine.
- (c) B abets A (a police officer) to commit robbery. Again, even if robbery is not committed, B is liable for punishment up to half of the maximum term and fine.