IPC Section 108A and BNS Section 47: Abetment in India of Offences Outside India
Section 108A of the Indian Penal Code, 1860 dealt with a person who, while in India, abets an act to be committed outside India that would amount to an offence if committed in India. The corresponding current provision is Section 47 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Text of IPC Section 108A - Abetment in India of Offences Outside India
"A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India."
This is the operative wording of the historical IPC provision. The place where the abetment occurs is important: the instigation or other legally recognised form of abetment occurs in India, while the contemplated act is to occur outside India.
Statutory illustration and its geographical context
The historical IPC illustration describes a person in India instigating another person outside India to commit murder. Its purpose is to show that abetment in India can attract Indian criminal law even when the proposed principal offence is abroad.
Important correction: An illustration that describes Goa as a place outside India reflects a historical legal setting and must not be read as describing the present position. Goa is part of India today. A contemporary example would involve an intended offence in a foreign country, not in Goa.
BNS Section 47 - Corresponding provision
Section 47 of the Bharatiya Nyaya Sanhita, 2023 addresses abetment in India of offences outside India. It carries forward the basic rule that a person in India may be liable for abetting an act abroad which would be an offence if committed in India. The exact statutory wording and any applicable qualifications should be checked in the official legislation.
| Aspect | Earlier IPC provision | Current BNS provision |
|---|---|---|
| Relevant section | Section 108A | Section 47 |
| Subject | Abetment in India of offences outside India | Abetment in India of offences outside India |
| Essential location requirement | Abetment takes place in India | Abetment takes place in India |
| Overseas act | Act abroad would constitute an offence if committed in India | Act abroad would constitute an offence if committed in India |
What must be established?
- Conduct amounting to abetment: Instigation, conspiracy accompanied by the requisite act or illegal omission, or intentional aiding, as provided in the applicable general abetment provision.
- Abetment within India: The alleged abetting conduct must have occurred in India for this specific provision.
- An act contemplated outside India: The principal act is intended to take place beyond Indian territory.
- Indian offence test: The contemplated act would amount to an offence if committed in India.
- Relevant mental element and proof: Intention, knowledge and the evidentiary requirements depend on the form of abetment and the underlying offence.
Illustrative situations
Example 1 - Instigation from India
A person located in India deliberately urges another person in a foreign country to commit murder there. If the statutory elements are proved, the conduct in India may constitute abetment of an offence outside India.
Example 2 - Intentional assistance
A person in India intentionally provides assistance for a planned offence abroad. Whether this is abetment depends on the specific facts, the connection to the contemplated offence and the applicable legal requirements; merely communicating with someone overseas is not sufficient.
Example 3 - No criminal act under Indian law
If the contemplated act would not constitute an offence under Indian law if performed in India, this particular statutory test is not met merely because the conduct takes place abroad.
Related provisions and punishment
IPC Section 107 / BNS Section 45 explains the modes of abetment. IPC Section 108 / BNS Section 46 defines an abettor. Section 108A and BNS Section 47 address the cross-border setting. They are not, by themselves, a universal fixed-punishment rule: punishment must be assessed with the applicable abetment punishment provision, the underlying offence, the circumstances and any special law.
Questions of investigation, jurisdiction, extradition, mutual legal assistance and admissibility of evidence may arise separately in cross-border cases. The section should not be treated as an automatic authorisation to investigate or prosecute every act occurring overseas.
Frequently asked questions
Does the foreign offence have to be committed?
Not necessarily for every form of abetment. Liability depends on the statutory form of abetment, the conduct proved and the applicable punishment provision. The mere failure of the intended act does not automatically eliminate abetment liability.
Is IPC Section 108A still the current section?
For offences governed by the BNS from 1 July 2024, the corresponding provision is BNS Section 47. IPC Section 108A remains important for historical conduct and cases governed by applicable savings provisions.
Does the provision apply when the abettor is outside India?
Section 108A and BNS Section 47 specifically concern abetment in India. Different provisions and jurisdictional rules may need consideration when the alleged abettor is abroad.
Official legislation and further reading
- India Code - official central legislation database (search for the Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023).
- Ministry of Home Affairs - notifications and information concerning the new criminal laws.
- Gazette of India - official legislative and commencement notifications.
- IPC sections and definitions index.
This article is for general legal information, not a substitute for advice on the facts of a particular matter. Consult the enacted text, amendments and applicable case law before relying on a provision.