IPC Section 115
IPC Section 115: Abetment of Culpable Homicide by Doing an Act with Intent to Cause Death, or with Knowledge that it is Likely to Cause Death
Text of Section 115 (paraphrased for clarity):
"Whoever abets the commission of culpable homicide by doing an act with the intention of causing death, or with the knowledge that the act is likely to cause death, is said to commit an offence under this section."
Key Points to Understand:
Definition of Abetment:
Abetment means instigating, aiding, or intentionally encouraging someone to commit a crime.
It’s not necessary for the person committing the main crime to be successful; the act of abetment itself is punishable.
Relation to Culpable Homicide:
Culpable homicide (under IPC Section 299) is killing someone with the intention of causing death, or with the knowledge that one’s act is likely to cause death.
Section 115 specifically deals with abetment of such homicide.
Mental Element (Mens Rea):
The abettor must intend that the act leads to death, or at least know that the act is likely to cause death.
Mere negligence or recklessness without knowledge of risk is not enough.
Act Element (Actus Reus):
The abettor must do something — this could be instigating, aiding, or facilitating the act that may cause death.
It is not enough to merely advise or wish for it; some positive act towards abetment is needed.
Punishment (as per IPC):
The punishment for abetment under Section 115 is generally the same as the punishment for culpable homicide not amounting to murder, because the abettor is considered as partially responsible for the act.
Usually, this can lead to imprisonment which may extend to ten years, or fine, or both, depending on the circumstances.
Illustration / Example:
Instigation Example:
A tells B, “Go and kill C. I want C dead.”
B kills C.
A has abeted culpable homicide under Section 115.
Facilitation Example:
A provides a weapon to B, knowing that B intends to kill C.
B kills C.
A’s act of providing the weapon constitutes abetment.
Knowledge Example:
A sets fire to a house knowing that someone is inside and death is likely.
Even if A does not intend the death directly, but knows it is likely, it falls under Section 115 if death occurs.
Difference Between Sections 114, 115, and 116:
Section 114: Abetment of an offence by doing an act with intent or knowledge of its likely commission. (General)
Section 115: Specifically abetment of culpable homicide, with intent or knowledge of likely death.
Section 116: Abetment of offences punishable with death or life imprisonment (more serious than 115).
In short, Section 115 punishes anyone who actively encourages, helps, or facilitates someone to commit a culpable homicide while intending death or knowing that death is likely.
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