Section 91 - Abetment of offence punishable with death or imprisonment for life if offence is not committed.

(1) Whoever abets the commission of an offence punishable with death or imprisonment for life shall, if that offence is not committed in consequence of the abetment and no express provision is made by this Penal Code or by any other Act or Law for the time being in force for the punishment of that abetment, be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

(2) If the abettor is a public officer whose duty it is to prevent the commission of the offence, he shall be liable to imprisonment for a term which may extend to ten years and shall also be liable to fine.

Illustration

A instigates B to kill Z. The offence is not committed. If B had killed Z, B would have been liable to the punishment of death. Therefore A is liable to imprisonment for a term which may extend to seven years or, if he is a public officer whose duty it is to prevent the killing, to ten years and also in any event to a fine.