Question

An abettor, depending on the offence, may be visited with a punishment

• A. equal to that of the principal offender
• B. more than that of the principal offender
• C. less than that of the principal offender
• D. any of the above

Hint:

The key to understanding an abettor's liability is that each person is judged based on their own ‘mens rea‘. This principle, found in Section 112 IPC, allows for punishments to differ between the abettor and the doer.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks about the range of punishments that can be imposed on an "abettor" (a person who aids, instigates, or conspires to commit a crime) under the Indian Penal Code.

Step 2: Key Concepts and Approach:
The liability of an abettor is detailed in Chapter V (Sections 107-120) of the IPC. The punishment is not uniform and depends on various factors, such as whether the abetted act was committed, and the differing intentions or knowledge of the abettor and the principal offender.

Step 3: Detailed Explanation:
Let's analyze the different scenarios of punishment for an abettor:

• (A) Equal Punishment: Under Section 109 IPC, if the act abetted is committed in consequence of the abetment, and no express provision is made for its punishment, the abettor is punished with the same punishment provided for the offence itself. This is the most common scenario.
• (C) Less Punishment: If the abettor only abets an assault, but the principal offender commits murder, the abettor may be liable for abetment of assault and receive a lesser punishment than the murderer (unless Section 111 applies). Also, specific sections prescribe lesser punishment for abetment (e.g., abetment of suicide).
• (B) More Punishment: This is possible under Section 112 IPC. It states that if the abettor and the principal offender commit the act with different intentions or knowledge, they are liable according to their own ‘mens rea‘. For example, A instigates B to cause grievous hurt to Z. B, acting under grave and sudden provocation, causes grievous hurt. B would get a lesser punishment due to the provocation. A, who instigated without provocation, would be liable for abetment of grievous hurt without any mitigating factor and could potentially receive a more severe punishment than B.
• Conclusion: Since the punishment for an abettor can be equal to, less than, or in certain circumstances, even more than that of the principal offender, the most comprehensive and correct answer is (D) any of the above.

Step 4: Final Answer:
The IPC provides for a range of punishments for an abettor that can be equal to, more than, or less than the punishment of the person who actually commits the crime, depending on the specific facts and legal provisions applicable.