What is IPC Section 115?
IPC Section 115 deals with abetment of an offence punishable with death or imprisonment for life when the offence is not committed in consequence of the abetment. The provision applies where no express provision is otherwise made by the IPC for punishment of that particular abetment.
The section is concerned with serious offences where a person encourages, instigates or otherwise abets the commission of an offence carrying the punishment of death or life imprisonment, even though the principal offence is ultimately not committed.
Example of IPC Section 115
For example, if A instigates B to murder Z, but B does not commit the murder, Section 115 may apply if the other requirements of the provision are satisfied. The law specifically provides that the abettor may be punished even though the offence carrying death or life imprisonment was not completed.
Important Update: IPC to BNS Transition
The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 for offences committed after the new criminal laws came into force on 1 July 2024. The corresponding provision to IPC Section 115 is BNS Section 55, which substantially carries forward the same rule relating to abetment of an offence punishable with death or imprisonment for life.
Legal Provision – Text of Section 115 IPC
Illustration Under Section 115
The IPC gives the example of A instigating B to murder Z. If the murder is not committed, A can still be liable under Section 115 because murder is punishable with death or imprisonment for life. If hurt is caused to Z in consequence of the abetment, the punishment can extend to fourteen years and fine.
Punishment Under Section 115 IPC
| When the Offence Is Not Committed | Imprisonment up to 7 years and fine |
|---|---|
| When an Act Causing Hurt Is Done | Imprisonment up to 14 years and fine |
| Nature of Offence | Depends on the offence abetted |
| Bailable / Non-Bailable | Non-bailable |
| Cognizable / Non-Cognizable | According as the offence abetted is cognizable or non-cognizable |
| Triable By | Court by which the offence abetted is triable |
| BNS Equivalent | Section 55, Bharatiya Nyaya Sanhita, 2023 |
The procedural classification depends in part on the offence that was allegedly abetted. The First Schedule classification provides that the offence is non-bailable and that cognizability and the trial court follow the offence abetted.
Key Ingredients / Essential Elements of IPC Section 115
There must be abetment
The accused must have abetted the commission of an offence in a manner recognised by the law relating to abetment.
The offence abetted must be punishable with death or imprisonment for life
Section 115 specifically concerns serious offences for which the prescribed punishment includes death or imprisonment for life.
The offence must not be committed in consequence of the abetment
The provision specifically addresses situations where the offence that was abetted is not ultimately committed as a consequence of the abetment.
No express provision must otherwise apply
Section 115 applies where no express provision is made by the IPC for punishment of that particular abetment.
Hurt may increase the punishment
Where an act for which the abettor is liable is done in consequence of the abetment and causes hurt to a person, punishment may extend to fourteen years and fine.
What Should You Do – For the Complainant and the Accused
If You Are Reporting Abetment
- Preserve messages, recordings, communications or other material that may show the alleged instigation or other form of abetment.
- Collect information concerning the offence that was allegedly encouraged or facilitated.
- Record details of witnesses who may have knowledge of the alleged abetment.
- Consult a criminal lawyer to determine the appropriate legal provision and procedural route.
If You Are Accused Under Section 115
- Seek legal advice promptly because Section 115 is a serious offence and is classified as non-bailable.
- Examine whether the alleged conduct actually amounts to abetment under the law.
- Check whether the offence allegedly abetted carries death or life imprisonment.
- Preserve evidence showing the true context of communications and conduct relied upon by the prosecution.
Section 115 and Attempt Are Not the Same
Abetment and attempt are different legal concepts. Section 115 specifically concerns abetment of a serious offence where the offence is not committed in consequence of the abetment. An attempt provision, by contrast, concerns conduct directed toward committing the offence itself. The exact facts determine which provision may apply.
Complaint & Process Under Section 115
Report the Alleged Conduct
The complainant can report the alleged abetment and provide available evidence concerning the instigation, assistance or other conduct said to constitute abetment.
Examination of the Abetted Offence
The authorities and court examine whether the offence allegedly abetted is punishable with death or imprisonment for life.
Assessment of Abetment
The alleged conduct is examined to determine whether it legally amounts to abetment and whether the requirements of Section 115 are satisfied.
Bail / Trial
Section 115 is classified as non-bailable. The matter proceeds according to the applicable criminal procedure and the court competent to try the offence abetted.
Important / Landmark Cases on Abetment
Chitresh Kumar Chopra v. State (Government of NCT of Delhi)
The Supreme Court examined the concept of instigation and explained that mere words or casual conduct do not automatically amount to abetment. There must be conduct capable of amounting to instigation in the legal sense.
Ramesh Kumar v. State of Chhattisgarh
The Supreme Court discussed the meaning of instigation and held that the surrounding circumstances and the actual nature of the accused's conduct must be examined when determining abetment.
Abetment Requires a Legally Recognised Form of Participation
For an allegation of abetment to succeed, the prosecution must establish conduct falling within the legal concept of abetment rather than relying only on suspicion or a person's association with the principal offender.
The Main Offence Need Not Be Completed
Section 115 specifically provides punishment for certain abetment where the serious offence is not committed in consequence of the abetment. The provision therefore addresses liability arising from the abetment itself.