IPC 109 vs BNS 49 · Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Reviewed by LawyerDhundo Editorial Team (SD Enterprises)

● Retained in BNS

An abettor whose instigation, conspiracy or aid results in the abetted offence actually being committed is punished with the same punishment as that offence, wherever no other provision specifically fixes the abetment's punishment -- unchanged under BNS Section 49 from IPC 109.

Indian Penal Code, 1860 · § 109

Section 109 IPC was the residual abetment-punishment provision: whoever abets any offence is punished with the punishment provided for that offence, if the abetted act is actually committed in consequence of the abetment and no other Code provision already fixes a punishment for that specific abetment. An Explanation clarified that "committed in consequence of abetment" includes instigation, conspiracy, or intentional aid.

Bharatiya Nyaya Sanhita, 2023 · § 49

BNS Section 49 reproduces the operative text, the Explanation and the illustrative examples essentially verbatim, updating only "Code" to "Sanhita." The core rule -- an abettor faces the same punishment as the offence actually committed, when no other provision governs -- is unchanged.

What changed?

Nothing substantive -- a pure renumbering from IPC 109 to BNS 49 with terminology updates only.

Frequently asked questions

What is the punishment under IPC 109?

The same punishment as the offence actually abetted and committed..

Is IPC 109 bailable?

IPC 109 is follows the bailability of the offence abetted..

Is IPC 109 a cognizable offence?

This is a follows the cognizability of the offence abetted. offence.

Is IPC 109 compoundable?

Follows the underlying offence's compounding rules where the offence abetted is itself compoundable (BNSS s.359(3))..

Which court tries a case under IPC 109?

Matters under IPC 109 are tried before the The court by which the offence abetted is triable..

What defences are commonly raised under IPC 109?

Common defences include the abetted act not actually having been committed in consequence of the abetment, absence of instigation, conspiracy or intentional aid, and voluntary withdrawal from the abetment before the offence was committed.

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Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons