Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.
Illustrations
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life.Therefore, Ais liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.
Legal Commentary & Landmark Judgments: Section 55
Section 55 provides punishment for abetting an offence punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment, prescribing imprisonment up to seven years, or up to fourteen years if an act causing harm is done in consequence.
In conspiracy or murder solicitation prosecutions where the assassination was foiled by police before execution, point the sentencing judge to Section 55 BNS: because the offence was not committed, the maximum custodial term is strictly capped at seven years.