Bharatiya Nyaya Sanhita, 2023

BNS Section 56

Abetment of offence punishable with imprisonment

In one line

BNS Section 56 deals with abetment of offence punishable with imprisonment and replaces IPC 116.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
56Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both.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.
56If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both.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 56

56. Abetment of offence punishable with imprisonment.

Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

What changed from the IPC

  • IPC 116 → BNS 56: The words "if offence be not committed" are excluded from the heading.
  • IPC 116 → BNS 56: The heading of paragraph 2, "If abettor or person abetted be a public servant whose duty it is to prevent offence" is excluded.
  • IPC 116 → BNS 56: The word "by" is replaced by "under".

Frequently asked

What was BNS Section 56 in the IPC?

BNS Section 56 (Abetment of offence punishable with imprisonment) replaces Section 116 of the Indian Penal Code, 1860. IPC 116 is now BNS 56.

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