OFFENCES AND PENALTIESCentral

Section 12 of The Prevention of Corruption Act, 1988

1[12. Punishment for abetment of offences.-- Whoever abets any offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to seven years and shall also be liable to fine.]

Summary

This section punishes anyone who helps or encourages another person to commit a crime under this law.
Helping is an offence even if the main crime is never actually committed.
It applies to all offences listed anywhere in the Act.
The punishment is a prison term of at least three years and up to seven years.
A fine is also mandatory for those convicted of helping.

Practical examples

1Suman knows a government official who takes bribes. Her friend wants a license, so Suman arranges a meeting and tells her friend exactly how much to pay the official. Even if the friend later gets scared and never pays, Suman can be charged with helping under this section.

2A consultant named Vikram writes a fake contract to help a company hide a bribe payment to a public servant. Vikram is abetting or helping the crime and faces three to seven years in jail even if the company is never caught for the bribe itself.

FAQ

1. What does abetment mean in Section 12 of The Prevention of Corruption Act, 1988?

In Section 12 of The Prevention of Corruption Act, 1988, abetment refers to helping, encouraging, or facilitating the commission of a crime under the Act.

2. Can I be punished under Section 12 of the 1988 Act if the bribe I suggested was never paid?

Yes, Section 12 of The Prevention of Corruption Act, 1988, states you are punishable whether or not the offence is committed as a result of your help.

3. What is the punishment for helping someone bribe a public servant under the 1988 Act?

Under Section 12 of The Prevention of Corruption Act, 1988, the punishment is imprisonment for three to seven years and a fine.

4. Does Section 12 of the anti-corruption law apply to all crimes in the Act?

Yes, Section 12 of The Prevention of Corruption Act, 1988, covers the abetment or helping of any offence punishable under the Act.

Test yourself

Q1.Under Section 12 of The Prevention of Corruption Act, 1988, if you help someone commit an offence, you are liable:

Q2.What is the maximum imprisonment for abetment under Section 12 of The Prevention of Corruption Act, 1988?

Q3.If a manager is guilty under Section 10 of The Prevention of Corruption Act, 1988, and a consultant helped him, what section would punish the consultant?

Q4.Which of the following is required for a conviction under Section 12 of The Prevention of Corruption Act, 1988?

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OFFENCES AND PENALTIESCentral

Section 12 of The Prevention of Corruption Act, 1988

Summary

This section punishes anyone who helps or encourages another person to commit a crime under this law.
Helping is an offence even if the main crime is never actually committed.
It applies to all offences listed anywhere in the Act.
The punishment is a prison term of at least three years and up to seven years.
A fine is also mandatory for those convicted of helping.