Abetment, Attempt and Offences by Companies

In one line

Abetting an offence under the Act carries the punishment for the offence itself where the act abetted follows, an attempt carries up to half the longest term, and where a company contravenes the Act everyone in charge of its business is liable unless he proves ignorance or due diligence.

In the wording a student can write in an exam: section 84C of the Information Technology Act, 2000 provides that whoever attempts to commit an offence punishable by the Act, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence for a term which may extend to one half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Section 84B, abetment

The conduct. Whoever abets any offence.

The condition. If the act abetted is committed in consequence of the abetment, and no express provision is made by the Act for the punishment of such abetment.

The punishment. The punishment provided for the offence under the Act. Not a fraction of it: the same.

The Explanation. An act or offence is said to be committed in consequence of abetment when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

Two limits. The abetted act must actually be committed, so an abetment that bears no fruit is outside this section; and the section is residuary, yielding to any express provision.

Section 84C, attempt

The conduct. Whoever attempts to commit an offence punishable by the Act, or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence.

The condition. Where no express provision is made for the punishment of such attempt.

The punishment. Imprisonment of any description provided for the offence, for a term which may extend to one half of the longest term provided for it; or such fine as is provided for the offence; or both.

Note that the fine is not halved. The section halves the imprisonment and leaves the fine at the full figure provided for the offence.

And note the express provision that displaces it. Section 70(3) punishes a person who "secures access or attempts to secure access" to a protected system with ten years, so an attempt there is not halved.

Section 85, offences by companies

Sub-section (1), the persons in charge. Where the person committing a contravention of the Act, or of any rule, direction or order made under it, is a company, then every person who at the time of the contravention was in charge of, and was responsible to, the company for the conduct of its business, as well as the company, shall be guilty and liable to be proceeded against and punished.