Bharatiya Nyaya Sanhita, 2023 · Section 56

BNS 56: earlier IPC 116

Section 56 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 116 of the Indian Penal Code, 1860. BNS 56 deals with abetment of offence punishable with imprisonment. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 56 was IPC 116.

Abetment of offence punishable with imprisonment.

Carried over
80% of the old wording kept
Old · IPC 1860 · Ch. V
s. 116
Abetment of offence punishable with imprisonment
if offence be not committed.— 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 by this Code 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; if abettor or person abetted be a public servant whose duty it is to prevent offence.—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 offers a bribe to B, a public servant, as a reward for showing. A some favour in the exercise of B's official functions. B refuses to accept the bribe. A is punishable under this section.
(b) 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.
(c) 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.
(d) 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. IV
s. 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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 116
Abetment of any offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.
CognizableAccording as offence abetted is cognizable or non-cognizable.
BailableBailable
PunishmentImprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both.
Triable byCourt by which offence abetted is triable.
If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.
CognizableAccording as offence abetted is cognizable or non-cognizable.
BailableBailable
PunishmentImprisonment extending to half of the longest term provided for the offence, or fine, or both.
Triable byCourt by which offence abetted is triable.
For an offence under the BNS, check the First Schedule of the BNSS.

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