82 INDIAN PENAL CODE. Secs. 115-116. 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 transportation 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. [Ct. by which offence abetted is triable.] 116. Whoever abets (107) an offence (40) punishable With imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by Abetment of an of. fence punishable with imprisonment, if the offence be not com mitted in consequence of the abetment. the offence. 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 If the abettor or the for that offence, or with such fine as is person abetted be a provided for that offence, or with both; public servant whose duty it is to prevent and if the abettor or the person abetted is a public servant (21), 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. By Section 2, Act XXVII of 1870, the word "offence" in this section denotes a thing punishable under this Code or under any special or local law as defined in Sections 41 and 42 ante. A Police Magistrate has power to convict summarily, under Act IV of 1866 (B. C.), Section 26, for an offence punishable under Section 116, P. C. B. L. R., vol. I, p. 39. Original Criminal Side. Queen vs. Mahbub Khan. 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 he bribe. A is punisable under this section. . 116-118 (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. [Ct. by which offence abetted is triable.] 117. Abetting the commission of an offence [Cog. if offence abetted Cog. Not bailable.] Whoever abets (107) the commission of an offence (40) by the public (12) generally, or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description (53) for a term which may extend to three years, or with fine, or with both. by the public, or by more than ten persons. By Section 2, Act XXVII of 1870, the word "offence" in this section denotes a thing punishable under this Code or under any special or local law as defined in Section 41 and 42 ante. An abetment by ten persons, which results in twelve coolies breaking their several contracts, is not abetment within Section 117, P. C., as each breach of contract constitutes a separate offence, under Sections 492, P. C., by each coolie. Illustrations. A, B, and C abet thirty-three coolies to break their several contracts; this is an abetment within Section 117, P. C. A affixes in a public place a placard, instigating a sect consisting of more than ten members to meet at a certain time and place for the purpose of attacking the members of an adverse sect while engaged in a procession. A has committed the offence defined in this section. [Ct. by which offence abetted is triable.] Cog. if offence abetted Cog. Not bailable.] 118. Whoever, intending to facilitate, or knowing it to Concealing a design be likely that he will thereby facilitate, the to commit an offence commission of an offence punishable with or transportation for death (46) or transportation for life, voluntary (39) conceals, by any act (33) or punishable with death life. illegal omission (33), the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, shall, if that offence be If the offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or, if the If the offence be not offence be not committed, with imprisonment of either description (53) for a term committed. committed. which may extend to three years and in either case shall also be liable to fine. To render a person punishable under this section and Section 120, there must be an act or illegal omission, not merely a simple omission. P. 83, Mr. Campbell's printed Circular, J. C., O. Intending to facilitate the commission of an offence.—And in R. J. P. J., V. 106, it was ruled, that though coupled with other facts, it may be evidence of an abetment, concealment of an offence after it has taken place is not per se an abetment. Mere concealment without the intention or knowledge mentioned in this section is no offence under this section. It is necessary, to sustain a conviction, to show that the concealment was either by act or omission, and also as to the accused's legal liability to inform of the commission or probable commission of the said crime or design. See note under Section 120 posl. Illustration. A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. (Cog, if for offence abetted Cog. According, as offence abetted is bailable or not. commit an offence [Ct. by which offence abetted is triable.] 119. Whoever, being a public servant (21), intending A public servant to facilitate, or knowing it to be likely that concealing a design to he will thereby facilitate, the commission which it is his duty to of an offence (40), the commission of which it is his duty as such public servant to prevent, voluntarily (39) conceals, by any act (33) or illegal omission (33), the existence of a design to commit such prevent. committed. If the offence be offence or makes any such representation which he knows to be false respecting such design, shall, if the offence be If the offence be committed, be punished with imprisonment of any description (53) provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or, if the offence be punishable with death or punishable with death, transportation for life, with imprisonment of either description for a term which may extend to ten years; or, if the offence be not committed, shall be punished with imprisonment of any description If the offence be not provided for the offence, for a term which may extend to one-fourth part of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. &c. committed. Illustration. A, an officer of Police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B's design, and is liable to punishment according to the provision of this section. [Ct. by which offence abetted is triabie.] I 20. [Cog, if for offence abetted Cog. According as offence abetted is bailable or not.] Whoever, intending to facilitate, or knowing it to Concealing a design punishable with imprisonment. be likely that he will thereby facilitate, the to commit an offence commission of an offence (40) punishable with imprisonment, voluntarily (39) conceals, by any act (33) or illegal omission (33), the existence of a design to commit such offence If the offence be or makes any representation which he knows to be false respecting such design, shall, if the offence be committed, be punished with imprisonment of the description provided committed. If not committed. for the offence, for a term which may extend to one-fourth, and if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. Compare Section 118 ante, and this Section 120 with Sections 176 and 177 post. The offence contemplated in the former sections can only be committed by concealing a design or making a false representation with intent to facilitate the commission of an offence; under the latter sections, the offence consists in the breach of a duty; and whereas the former Sections refer to information regarding the commission of offences the latter refer to any information the party is legally bound to give. CHAPTER VI. OF OFFENCES AGAINST THE STATE. It being exceedingly doubtful whether the Statute Law of Treason could be binding on natives of India in the Mofussil, it was desirable that the Imperial Legislature should pass a law of high treason for the East India Company's territories. There was no particular occasion for a law to be passed against offences directed immediately against the Sovereign persons, but it was highly requisite that persons residing in the territories of the East India Company, who might at any time become parties to the levying of war against the British Crown, should be made subject to the jurisdiction of the Courts established by Royal Charter, and to legal punishment. For these reasons, this Chapter was framed, suspending as it were, the English Law of Treason. In the early times of the Roman Republic, every act which was injurious to the safety of the State was called perduellio, and was punished by death. Of all the crimes falling under the description of capital, treason was visited with the greatest severity. The term perduellio fell into disuse, and the offences corresponding to treason in English law were comprehended under the crimena læsoe magestalis, the penalty of which was death with confiscation of goods, while the memory of the offender was declared infamous. Under the Empire the law was extended not only to all attempts on the life of the reigning prince, but to all acts and words which might appear to be disrespectful to him, so that any indignity offered to the Statue of the Emperor could be punished as severely as an offence against his person. Blackstone mentions two instances in the reign of Edward IV of England, of persons executed |