IPC Section 115 and BNS Section 55: Abetment of an Offence Punishable with Death or Life Imprisonment
Abetting a grave offence can itself attract criminal punishment even when the offence is not ultimately committed. This guide explains the former Section 115 of the Indian Penal Code, 1860 (IPC), and the corresponding Section 55 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What is abetment?
Under BNS Section 45, abetment may involve instigating another person to do a thing, engaging in a conspiracy for doing that thing where an act or illegal omission takes place in pursuance of it, or intentionally aiding the doing of that thing by an act or illegal omission. BNS Section 46 describes an abettor and clarifies, among other matters, that the act abetted need not actually be committed for abetment to exist. The corresponding IPC provisions are Sections 107 and 108.
Section 115 IPC: Legal provision
Abetment of offence punishable with death or imprisonment for life - if offence not committed.
Whoever abets the commission of an offence punishable with death or imprisonment for life shall, if that offence is not committed in consequence of the abetment and no express provision is made by the IPC for punishment of that abetment, be punished with imprisonment of either description for a term extending to seven years, and shall also be liable to fine.
If an act causing hurt is done: Where an act for which the abettor is liable in consequence of the abetment is done and causes hurt to any person, the abettor is liable to imprisonment of either description for a term extending to fourteen years, and also to fine.
The above is a clear-language presentation of the original provision; consult the enacted text for authoritative wording.
Section 55 BNS: Corresponding current provision
BNS Section 55, titled Abetment of offence punishable with death or imprisonment for life, substantially carries forward the rule in IPC Section 115. It applies where an offence punishable with death or life imprisonment is abetted but is not committed as a consequence of the abetment, and there is no specific BNS provision governing punishment of that abetment.
| Situation | Maximum punishment under BNS Section 55 |
|---|---|
| The serious offence is not committed and the general provision applies | Imprisonment of either description up to 7 years and fine |
| An act for which the abettor is liable is done in consequence of the abetment and causes hurt to a person | Imprisonment of either description up to 14 years and fine |
These are statutory maximum terms, not automatic sentences. The court determines liability and sentence according to the facts, evidence and applicable law.
Essential conditions for liability
- Abetment: The prosecution must establish conduct amounting to abetment under the applicable statutory definition.
- Nature of the intended offence: The offence abetted must be one punishable with death or imprisonment for life.
- Non-commission of the offence: The offence must not have been committed in consequence of the abetment.
- No special punishment provision: The general provision applies only where no express provision separately prescribes punishment for that abetment.
- Enhanced punishment: For the fourteen-year maximum, an act attributable to the abetment must actually occur and cause hurt to a person.
Statutory illustration explained
Illustration: A instigates B to murder Z, but the murder is not committed. Because murder is punishable with death or imprisonment for life, A may be punished with imprisonment up to seven years and fine. If hurt is caused to Z in consequence of the abetment, A may be punished with imprisonment up to fourteen years and fine.
The illustration demonstrates that the offence of abetment can be complete without the intended murder being carried out. It also shows why the law provides a higher maximum sentence when a consequential act causes hurt.
Does the offence have to be completed?
No. The purpose of this provision is to address abetment of particularly serious offences even when the intended offence does not occur. However, a mere suspicion, association or unproved allegation of encouragement is insufficient: the elements of abetment must be established under the applicable law.
Difference between IPC Section 115 and BNS Section 55
The central rule and the maximum imprisonment terms remain substantially the same. The important change for legal research and citation is the statutory framework: the earlier provision was IPC Section 115, while the corresponding BNS provision is Section 55. The BNS refers to express punishment provisions under the Sanhita rather than under the IPC.
Related provisions
IPC Section 114 - Abettor present when offence is committed (corresponding BNS Section 54) and IPC Section 116 - Abetment of an offence punishable with imprisonment (corresponding BNS Section 56) address related but distinct situations.
Official legal sources
- India Code - Bharatiya Nyaya Sanhita, 2023 (official Act PDF)
- National Crime Records Bureau - BNS sections and statutory text
- NCRB - IPC to BNS section correspondence
- Bureau of Police Research and Development - BNS reference and correspondence
Frequently asked questions
What is the punishment under IPC Section 115 or BNS Section 55?
Up to seven years of imprisonment and fine where the specified serious offence is not committed; up to fourteen years and fine where the additional statutory condition concerning an act causing hurt is satisfied.
Can a person be punished even if no murder occurs?
Yes. If the legal ingredients are proved and no special punishment provision applies, abetment of murder may be punishable even though murder is not committed.
Is Section 115 IPC still the current section number?
For conduct governed by the BNS, the corresponding provision is Section 55. IPC Section 115 remains relevant to historical conduct and proceedings where the IPC continues to apply under the applicable legal framework.
This article is general legal information. Specific criminal liability, classification of the offence, procedure and sentencing require examination of the relevant statutory provisions and case facts.