Which one of the following is the punishment for an offence of Abetment under the Prevention of Corruption Act, 1988, whether or not offence has been committed?

Correct option is C

The correct answer is (c) Not less than three years.

Explanation

The punishment for the abetment of an offence is provided under Section 12 of the Prevention of Corruption Act (PCA), 1988. This section ensures that anyone who aids, instigates, or conspires to commit a corruption offence is held liable, regardless of whether the actual crime was successfully completed.

• Section 12 states: "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 be not less than three years, but which may extend to seven years and shall also be liable to fine."
• Post-2018 Amendment: Before the 2018 Amendment, the minimum punishment for abetment was six months. To act as a stronger deterrent, the Prevention of Corruption (Amendment) Act, 2018, increased the minimum sentence to three years.

Information Booster

Abetment under the PCA is broader than the general definition under the BNS/IPC because it specifically targets the ecosystem that facilitates corruption.

Elements of Section 12:

1. Scope: It covers the abetment of any offence mentioned in the Act (e.g., bribery under Section 7 or obtaining a valuable thing under Section 11).
2. Strict Liability: The person who abets is punished even if the public servant refuses the bribe or the intended corrupt act does not take place.
3. Bribe Giver as Abettor: Historically, bribe-givers were prosecuted under this section for abetting a public servant. However, the 2018 Amendment introduced Section 8, which now specifically punishes the bribe-giver directly, unless they were coerced and reported it within 7 days.