Legal Provisions of Section 115 of Indian Penal Code, 1860.
Abetment of offence punishable with death or imprisonment for life—If offence not committed:
This section deals with the quantum of punishment to be awarded in case of abetment of any offence punishable with death or imprisonment for life. It makes a distinction between two situations—where the offence has not been committed in consequence of the abetment, and where hurt has been caused in consequence of it.
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The first part of the section says that whenever an abettor abets the commission of any offence for which the punishment provided by the Code is either death or life imprisonment, and that offence is not committed in consequence of the abetment and the Indian Penal Code does not provide expressly about its punishment, the penalty for such an abetment may extend to simple or rigorous imprisonment for seven years’ and he shall also be liable to fine.
According to the second part of the section, if the abettor abets the commission of any offence of the above mentioned kind, and hurt has been caused in consequence of the abetment, the abettor can be punished with simple or rigorous imprisonment extending up to fourteen years and he shall also be liable to fine. The illustration given under this section illustrates the point nicely and clearly. The offences punishable under the Code with death or imprisonment for life are as under:
(i) Offence punishable with death only
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Section 303. This section has however, been held by the Supreme Court to be ultra vires the Constitution in the case of Mithu v. State.
(ii) Offences punishable with death or imprisonment for life
Sections 121, 132, 194, 195-A, 302, 305, 307, 364-A and 396.
(iii) Offences punishable with imprisonment for life
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Sections 121-A, 122, 124A, 125, 128, 130, 131, 194, 222, 225, 232, 238, 255, 304, 307, 311, 313, 314, 326, 329, 364,371, 376,377,388,389, 394, 400, 409, 412, 413, 436, 438, 449, 459, 467, 472, 474 and 477.
The offences under section 115 is non-bailable.