Bharatiya Nyaya Sanhita, 2023
BNS Section 55
Abetment of offence punishable with death or imprisonment for life
In one line
BNS Section 55 deals with abetment of offence punishable with death or imprisonment for life and replaces IPC 115.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 55 | Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. | Imprisonment for 7 years and fine. | According as offence abetted is cognizable or non-cognizable. | Non-bailable. | Court by which offence abetted is triable. |
| 55 | If an act which causes harm to be done in consequence of the abetment. | Imprisonment for 14 years and fine. | According as offence abetted is cognizable or non-cognizable. | 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 55
55. Abetment of offence punishable with death or imprisonment for life.
Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration. A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.
Frequently asked
What was BNS Section 55 in the IPC?
BNS Section 55 (Abetment of offence punishable with death or imprisonment for life) replaces Section 115 of the Indian Penal Code, 1860. IPC 115 is now BNS 55.
What is the punishment under BNS 55?
Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is according as offence abetted is cognizable or non-cognizable and non-bailable, triable by court by which offence abetted is triable.
Is BNS 55 bailable?
Non-bailable: BNS 55, 55. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- 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
- BNS 56 — Abetment of offence punishable with imprisonment
- BNS 57 — Abetting commission of offence by public or by more than ten persons
- BNS 58 — Concealing design to commit offence punishable with death or imprisonment for life
- BNS 59 — Public servant concealing design to commit offence which it is his duty to prevent
- BNS 60 — Concealing design to commit offence punishable with imprisonment