Report No. 42
33. Substitution of new section for section 116.-
For section 116 of the Code, the following section shall be substituted as section 74, namely.-
"74. Abetment of offence punishable with imprisonment if offence be not committed.- Whoever abets an offence punishable with imprisonment, not being a capital offence, shall, if that offence be not committed in consequence of the abetment, and no express provision is made 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-half of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; and if the abettor is a public servant, whose duty it is to prevent the commission to such offence, the abettor shall be punished with the punishment provided for the offence.
(a) 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.
(b) 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 the punishment provided for robbery."