Indian criminal law | Abetment

IPC Section 110 and BNS Section 50: Punishment When the Person Abetted Acts with a Different Intention

Section 110 of the Indian Penal Code, 1860, deals with the punishment of an abettor when the person carrying out an act has a different intention or knowledge. The corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 50. The key question is the offence that would have resulted if the act had been done with the abettor's own intention or knowledge.

Current law: The BNS came into force on 1 July 2024, replacing the IPC for offences governed by the new law. Earlier conduct and pending proceedings may require consideration of repeal, savings and transitional provisions. The correct law depends on the date and facts of the alleged offence.

Section 110 IPC: Original statutory provision

Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

This is the historical IPC provision reproduced from the original page. It concerns the abettor's liability, not an automatic determination that the person who performed the act has the same criminal intent.

BNS Section 50: Corresponding provision under current law

Section 50 of the Bharatiya Nyaya Sanhita, 2023, titled Punishment of abetment if person abetted does act with different intention from that of abettor, carries forward the rule addressing a difference in intention or knowledge between the abettor and the person abetted.

In substance, when a person abets an offence and the person abetted performs the act with a different intention or knowledge, the abettor is punished by reference to the offence that would have been committed if the act had been performed with the abettor's intention or knowledge alone. The applicable punishment therefore depends on the offence identified through that legal test.

What does the provision mean?

Who is an abettor?

An abettor is a person who abets the commission of an offence, including through instigation, a qualifying conspiracy or intentional aid. For the historical IPC framework, read Section 107 IPC (abetment) and Section 108 IPC (abettor). The corresponding BNS provisions are Sections 45 and 46.

What is different intention or knowledge?

Intention generally concerns the result a person means to bring about. Knowledge concerns awareness of facts or consequences relevant to an offence. The abettor and the person performing the act may have different states of mind. Section 110 IPC and Section 50 BNS direct how the abettor's punishment is assessed in that situation.

Does this provision impose one fixed sentence?

No. It does not prescribe a single independent term of imprisonment or fine. It refers to the punishment for the offence that would have been committed on the hypothesis stated in the section. The underlying offence and all applicable legal requirements must be identified.

Illustrative situations

Example 1 - Different purpose: A deliberately instigates B to commit an act with the intention of causing a particular unlawful result. B performs the act but has a different intention. The court examines the offence that would have been committed had B acted with A's intention, subject to proof of the necessary elements.

Example 2 - Different knowledge: A knowingly encourages an act in circumstances that, if carried out with A's knowledge, would constitute a particular offence. B carries it out without that knowledge. The section requires the abettor's liability to be assessed by reference to the specified hypothetical offence rather than simply assuming B's state of mind is A's.

These examples explain the statutory rule and are not substitutes for a fact-specific legal assessment.

IPC Section 110 vs BNS Section 50

Point	IPC Section 110	BNS Section 50
Law	Indian Penal Code, 1860	Bharatiya Nyaya Sanhita, 2023
Subject	Different intention or knowledge of the person abetted	Corresponding abetment rule
Liability focus	Abettor's intention or knowledge under the statutory test	Abettor's intention or knowledge under the statutory test
Punishment	That provided for the offence described by the statutory hypothesis	That provided for the offence described by the statutory hypothesis
Application	Historical offences, subject to applicable savings	Offences governed by the BNS from 1 July 2024

Related abetment provisions

IPC Section 109 addresses punishment when the abetted act is committed in consequence of abetment and no express punishment provision exists; its corresponding BNS provision is Section 49. Section 110 IPC / Section 50 BNS specifically addresses differences in intention or knowledge. These rules should not be conflated.

Frequently asked questions

What is the corresponding BNS section for IPC Section 110?

Section 50 of the Bharatiya Nyaya Sanhita, 2023.

Is the abettor automatically punished for the offence actually committed by the other person?

Not under this provision merely because the act occurred. Its rule refers to the offence that would have been committed if the act had been done with the abettor's intention or knowledge, and no other.

Is abetment the same as criminal conspiracy?

No. Conspiracy may be one method of abetment when the statutory conditions are satisfied, but abetment also includes instigation and intentional aid. Separate provisions may govern criminal conspiracy.

Does the IPC still matter after 1 July 2024?

Yes, particularly for conduct occurring before the BNS commenced and for legal questions affected by transitional and savings provisions.

Official legislation and reference links

India Code - official repository of Indian central legislation (search for Bharatiya Nyaya Sanhita, 2023, Section 50 and Indian Penal Code, 1860, Section 110).
Ministry of Home Affairs - New Criminal Laws.
IPC sections and definitions index.

This article provides general legal information, not legal advice. Check the current statutory text, notifications and applicable judicial decisions for a specific case.