IPC Section 109 and BNS Section 49: Punishment for Abetment
Section 109 of the Indian Penal Code, 1860 dealt with punishment where an offence was committed in consequence of abetment and no separate punishment was prescribed. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 is Section 49.
IPC Section 109 - Statutory provision
Punishment of abetment if the 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 Code 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.
BNS Section 49 - Corresponding current provision
Section 49 of the Bharatiya Nyaya Sanhita, 2023 provides the general punishment rule where the act abetted is committed in consequence of the abetment and the BNS does not make an express provision for punishment of that abetment. In that situation, the abettor is punishable with the punishment provided for the underlying offence.
The section also explains that the required connection exists where the offence follows the instigation, is carried out in pursuance of the conspiracy, or is committed with the aid constituting the abetment.
Essential conditions for liability
- Abetment: There must be instigation, abetment by conspiracy, or intentional aid, as defined under IPC Section 107 or the corresponding BNS Section 45.
- Commission of the offence: The act abetted must actually be committed for this general punishment provision to apply.
- Connection with the abetment: The offence must be committed in consequence of the abetment, not merely after an unrelated suggestion or interaction.
- No specific punishment provision: If the governing statute prescribes a distinct punishment for the particular form of abetment, that provision must be considered first.
Statutory illustrations explained
1. Bribe offered to a public servant
Historical IPC illustration: A offers a bribe to B, a public servant, as a reward for showing A a favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence formerly defined in IPC Section 161.
Legal update: IPC Section 161 was repealed long before the BNS commenced. Public-servant bribery is principally governed by the Prevention of Corruption Act, 1988, as amended. This historical illustration should not be read as a statement of the present statutory offence or punishment.
2. Instigation to give false evidence
A instigates B to give false evidence. B gives false evidence because of that instigation. A is guilty of abetting the offence and, where the general rule applies, is liable to the punishment prescribed for that offence.
3. Conspiracy to commit murder by poisoning
A and B agree to poison Z. A obtains the poison and delivers it to B for use against Z. B administers the poison in A's absence and causes Z's death. B commits murder; A's participation may constitute abetment by conspiracy, attracting the punishment applicable to murder under the governing provision.
These illustrations explain the statutory rule; liability in any real case depends on the evidence, the elements of the offence, and the applicable law.
IPC Section 109 and BNS Section 49 compared
| Issue | IPC Section 109 | BNS Section 49 |
|---|---|---|
| Subject | General punishment for abetment when the offence occurs | Corresponding general punishment rule |
| Requirement | Offence committed in consequence of abetment | Offence committed in consequence of abetment |
| Penalty | Punishment for the offence, absent express provision | Punishment for the offence, absent express provision |
| Application | Earlier IPC-governed matters, subject to savings | Generally applicable to BNS-governed offences from 1 July 2024 |
Distinction between abetment and criminal conspiracy
Abetment by conspiracy under IPC Section 107 or BNS Section 45 requires an act or illegal omission in pursuance of the conspiracy and in order to the doing of the thing abetted. A separate offence of criminal conspiracy may also arise under the relevant statutory provision. The legal requirements and punishment must be assessed separately; not every agreement automatically attracts the punishment rule in IPC Section 109 or BNS Section 49.
Frequently asked questions
What is the equivalent of IPC Section 109 in the BNS?
The corresponding provision is BNS Section 49, not BNS Section 109.
Does the abettor always receive the same punishment as the offender?
Under the general rule, where the abetted offence is committed because of the abetment and there is no express punishment provision for that abetment, the abettor is punishable with the punishment provided for the offence. The sentence actually imposed depends on the facts and law.
What if the offence is never committed?
IPC Section 109 and BNS Section 49 address the situation where the act abetted is committed. Other provisions may address abetment where the offence is not committed, depending on the circumstances.
Can a person be liable for abetment through intentional assistance?
Yes. Intentional aid can constitute abetment where the legal elements are satisfied and the offence is committed with that aid.
Official legal sources
- India Code - Search the Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860
- Ministry of Home Affairs - New criminal laws and commencement notifications
- Legislative Department - Central legislation and Gazette resources
Updated: 28 October 2026. This page provides general legal information and is not a substitute for advice on a specific case.