Report No. 254

Chapter VI

Analysis of Sections 12 and 15 of the 2013 Bill

6.1.1. Section 12 of the 1988 PC Act criminalises the abetment of "any offence punishable under this Act", whereas section 15 criminalises an attempt to commit offences under section 13(1)(c) and (d) [now section 13(a) of the 2013 Bill].

6.1.2. Pursuant to the 2013 Lokpal and Lokayukta Act (hereinafter "Lokpal Act"), section 12 was amended to provide for a minimum punishment of three years, up to five years for abetment, whereas section 15, was amended to provide for a minimum period of imprisonment of two years, up to five years.

6.1.3. A conjoint reading of the two sections under the 2013 Bill reveals that the minimum punishment for the abetment of any offence, including the attempt to commit an offence is three years, whereas the minimum punishment of actually attempting an offence is two years. There is a clear discrepancy insofar as the punishment given for the principal act (of attempt) is less than the abetment of the act.

6.1.4. Recommendation: Section 12 of the 2013 Bill needs to be amended and after the words "punishable under this Act", the words "apart from any offence under Section 15" needs to be inserted.

6.2. Thus, section 12 will now read as follows:

12. Punishment for abetment of offences defined in the Act

Whoever abets any offence punishable under this Act, apart from any offence under section 15, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than three years but which may extend to seven years and shall also be liable to fine.