What is Section 164 IPC? Punishment for abetment by public servant of offences defined in section 162 or 163

Published on: Lawiz Team

Detailed explanation of Section 164 IPC: Punishment for abetment by public servant of offences defined in section 162 or 163.

Official Legal Text

Whoever, being a public servant, in respect of whom either of the offences defined in section 162 or section 163 is committed, abets the offence, shall be punished with the punishment provided for the offence.

What This IPC Section Means – Explained in Simple Words

Section 164 punishes any public servant who abets the offences defined in Sections 162 or 163.

Purpose

To prevent public servants from encouraging corruption or misuse of influence.

Bailable or Not Bailable & Punishment

Bailable: Non-Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.

Key Elements

The person must be a public servant and must abet the offenses in Sections 162 or 163.

Punishment Details

Imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Legal Defenses

If the public servant can prove they did not abet the offense.

Judicial Interpretation

Courts require clear evidence of the public servant’s role in abetment.

Illustration

If a public servant encourages another person to bribe an officer, they can be punished under Section 164.

FAQs

What does Section 164 IPC define?

Punishment for abetment by public servant of offences defined in section 162 or 163.

Where is Section 164 IPC applicable?

It deals with punishment for abetment by public servant of offences defined in section 162 or 163 in public service or criminal situations.

Why is Section 164 IPC significant?

It protects public order, honesty in administration, and discourages criminal misconduct.

Give a real-world example involving Section 164 IPC.

Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.

What punishment is applicable under Section 164 IPC?

Punishment varies from fines to imprisonment based on the offence's seriousness.

Is Section 164 IPC related to other provisions?

Yes, often linked with sections involving corruption, unlawful acts, or government integrity.

How do courts view Section 164 IPC?

Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.