If abettor or person abetted be a public servant whose duty it is to prevent offence:
And if the abettor or the person abetted is a public servant, 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.
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 the bribe. A is punishable under this
section.
(b) A instigates B to give false evidence. Here, if B does hot give false evidence A has
nevertheless committed the offence defined in this section, and is punishable accordingly.
(c) 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 proved for that offence, and also to fine.
(d) B abets the commission of a robbery by H, 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.
117. Abetting commission of offence by the public or by more than ten persons:
Whoever abets the commission of an offence by the public generally or by any number or
class of persons exceeding ten, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
Illustration
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.
118. Concealing
design
to
commit
offence punishable with death or
Imprisonment for life if offence be committed: Whoever intending to facilitate or
knowing it to be likely that he will thereby facilitate the commission of an offence
punishable with death or imprisonment of life, voluntarily conceals by any act or illegal
omission, the existence of design to commit such offence or makes any representation
which he knows to be false respecting such design,
if offence be not committed : Shall, if that offence be committed, be punished with
imprisonment of either description for a term which may extend to seven years, or, if
the offence be not committed, with imprisonment of either description for a term which
may extend to three years; and in either case shall also be liable to fine.