BNS Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
Bharatiya Nyaya Sanhita, 2023 · Chapter 4: Of Abetment, Criminal Conspiracy and Attempt
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¶49. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence.
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.
¶Illustrations.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
¶(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
Study: explanations and related material
Replaces IPC 109. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Punishment, bail and trial
49Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.
- Punishment
- Same as for offence abetted.
- Cognizable or not
- According as offence abetted is cognizable or non-cognizable
- Bailable or not
- According as offence abetted is bailable or non-bailable
- Triable by
- Court by which offence abetted is triable
Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 158. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 45. Abetment of a thing
- 46. Abettor
- 47. Abetment in India of offences outside India
- 48. Abetment outside India for offence in India
- 50. Punishment of abetment if person abetted does act with different intention from that of abettor
- 51. Liability of abettor when one act abetted and different act done
- 52. Abettor when liable to cumulative punishment for act abetted and for act done
- 53. Liability of abettor for an effect caused by act abetted different from that intended by abettor
- 54. Abettor present when offence is committed
- 55. Abetment of offence punishable with death or imprisonment for life
- 56. Abetment of offence punishable with imprisonment
- 57. Abetting commission of offence by public or by more than ten persons
- 58. Concealing design to commit offence punishable with death or imprisonment for life
- 59. Public servant concealing design to commit offence which it is his duty to prevent
- 60. Concealing design to commit offence punishable with imprisonment
- 61. Criminal conspiracy
- 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment