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1The Penal Code, 1860

( ACT NO. XLV OF 1860 )

[ 6th October, 1860 ]

Chapter V

OF ABETMENT

Abetment of offence punishable with death or imprisonment for life- if offence be not committed; if act causing harm be done in consequence
115. Whoever abets the commission of an offence punishable with death or 2[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.
 
 
Illustration
 
 
A 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 3[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.
  • 1
    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial Government” or “Central Government or any Provincial Government” or “Central Government” or “the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 2
    The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)
  • 3
    The word “imprisonment” was substituted, for the word “transportation” by section 7 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)
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