What is Section 165A IPC? Punishment for abetment of offences defined in section 161 or 165
Published on: Lawiz Team
Detailed explanation of Section 165A IPC: Punishment for abetment of offences defined in section 161 or 165.
Official Legal Text
Whoever abets any offence punishable under section 161 or section 165, whether or not that offence is committed in consequence of that abetment, shall be punished with the punishment provided for that offence.
What This IPC Section Means – Explained in Simple Words
Section 165A punishes anyone who abets the offences defined under Section 161 (public servant taking gratification) or Section 165 (obtaining a valuable thing).
Purpose
To ensure that not just the corrupt public servant but also those who support or encourage corruption are punished.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: This section has been repealed and replaced by the Prevention of Corruption Act.
Key Elements
The person must aid, instigate, or encourage the commission of offences under Section 161 or 165.
Punishment Details
Punishment is the same as for the offence abetted, meaning the same as the punishment under Section 161 or 165.
Legal Defenses
If the person can prove they were unaware of the illegal nature of the act they supported.
Judicial Interpretation
Courts focus on the intention to aid the corrupt act.
Illustration
If a person offers money to a public servant to favor them in an official task, they can be punished under Section 165A.
FAQs
What does Section 165A IPC define?
Punishment for abetment of offences defined in section 161 or 165.
Where is Section 165A IPC applicable?
It deals with punishment for abetment of offences defined in section 161 or 165 in public service or criminal situations.
Why is Section 165A IPC significant?
It protects public order, honesty in administration, and discourages criminal misconduct.
Give a real-world example involving Section 165A IPC.
Examples include public servants accepting bribes, unlawful assemblies, and misuse of official positions.
What punishment is applicable under Section 165A IPC?
Punishment varies from fines to imprisonment based on the offence's seriousness.
Is Section 165A IPC related to other provisions?
Yes, often linked with sections involving corruption, unlawful acts, or government integrity.
How do courts view Section 165A IPC?
Courts interpret it strictly to ensure justice, accountability, and safeguard public trust.