Bharatiya Nyaya Sanhita, 2023
BNS Section 49
Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
In one line
BNS Section 49 deals with punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment and replaces IPC 109.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 49 | Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. | Same as for offence abetted. | According as offence abetted is cognizable or non-cognizable. | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 49
49. Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment.
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.
Frequently asked
What was BNS Section 49 in the IPC?
BNS Section 49 (Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment) replaces Section 109 of the Indian Penal Code, 1860. IPC 109 is now BNS 49.
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Nearby BNS sections
- BNS 44 — Right of private defence against deadly assault when there is risk of harm to innocent person
- BNS 45 — Abetment of a thing
- BNS 46 — Abettor
- BNS 47 — Abetment in India of offences outside India
- BNS 48 — Abetment outside India for offence in India
- BNS 50 — Punishment of abetment if person abetted does act with different intention from that of abettor
- BNS 51 — Liability of abettor when one act abetted and different act done
- BNS 52 — Abettor when liable to cumulative punishment for act abetted and for act done
- BNS 53 — Liability of abettor for an effect caused by act abetted different from that intended by abettor
- BNS 54 — Abettor present when offence is committed