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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter IV: Of Abetment, Criminal Conspiracy And Attempt

Section 49 BNS: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

Corresponding IPC
Section 109 IPC
Punishment
Same punishment as the offence abetted

Classification of offence

SectionCognizable?Bailable?Triable by
49Same as the offence it relates toSame as the offence it relates toCourt that tries the related offence

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

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.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

If an abetted act is committed in consequence of the abetment and no express punishment is provided, the abettor gets the punishment of the offence itself. The Explanation says an act is committed in consequence of abetment when it follows the instigation, conspiracy or aid.

Chapter IV: Of Abetment, Criminal Conspiracy And Attempt

  1. 45 Abetment of a thing
  2. 46 Abettor
  3. 47 Abetment in India of offences outside India
  4. 48 Abetment outside India for offence in India
  5. 49 Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
  6. 50 Punishment of abetment if person abetted does act with different intention from that of abettor
  7. 51 Liability of abettor when one act abetted and different act done
  8. 52 Abettor when liable to cumulative punishment for act abetted and for act done
  9. 53 Liability of abettor for an effect caused by act abetted different from that intended by abettor
  10. 54 Abettor present when offence is committed
  11. 55 Abetment of offence punishable with death or imprisonment for life
  12. 56 Abetment of offence punishable with imprisonment
  13. 57 Abetting commission of offence by public or by more than ten persons
  14. 58 Concealing design to commit offence punishable with death or imprisonment for life
  15. 59 Public servant concealing design to commit offence which it is his duty to prevent
  16. 60 Concealing design to commit offence punishable with imprisonment
  17. 61 Criminal conspiracy
  18. 62 Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment