IPC Section 117 and BNS Section 57: Abetting an Offence by the Public or More Than Ten Persons

Abetting an offence by the public generally or by a group exceeding ten persons is separately punishable. Section 117 of the Indian Penal Code, 1860, has been succeeded by Section 57 of the Bharatiya Nyaya Sanhita, 2023, with an increased maximum sentence.

Meaning of abetment

Under Section 45 of the BNS, a person abets the doing of a thing by instigating another to do it, engaging in a conspiracy for its doing where an act or illegal omission occurs in pursuance of that conspiracy, or intentionally aiding its doing by an act or illegal omission. These are distinct modes of abetment. The corresponding general definition under the former IPC was Section 107.

Section 57 deals specifically with abetment directed at the public generally or any number or class of persons exceeding ten. The threshold means more than ten persons, not ten or more.

Section 57 of the Bharatiya Nyaya Sanhita, 2023

The provision punishes a person who abets the commission of an offence by the public generally or by a number or class of persons exceeding ten. The punishment is imprisonment of either description for a term extending to seven years and fine. Unlike the former IPC formulation, fine is expressed cumulatively with imprisonment.

Former Section 117 of the Indian Penal Code, 1860

The earlier provision stated that whoever abets the commission of an offence by the public generally, or by any number or class of persons exceeding ten, may be punished with imprisonment of either description for up to three years, or fine, or both. It remains relevant to historical conduct and pending proceedings governed by the previous law, subject to the applicable repeal and savings rules.

IPC Section 117 and BNS Section 57: Key differences

Essential ingredients of the offence

1. There must be legally sufficient abetment, such as instigation, qualifying conspiracy or intentional aid.
2. The abetment must concern the commission of an identifiable offence.
3. It must be directed to the public generally or to a number or class of more than ten persons.
4. The prosecution must establish the accused person's relevant acts and mental element, rather than relying solely on the size of an audience or the fact that a statement was made publicly.

The offence is not established merely because an individual speaks to a crowd. The content, context, intention and connection with an offence matter. Whether the contemplated offence was actually committed can affect other applicable provisions and charges; the statutory abetment rule should be assessed on its own elements.

Statutory illustration explained

Illustration retained from the IPC and carried into the BNS: A places a placard in a public place instigating a sect with more than ten members to assemble at a specified time and place to attack members of an opposing sect while they are in a procession. A commits the offence under the provision.

The illustration shows that a public placard can constitute instigation where it urges a sufficiently large class of persons to commit an offence. The legal issue is not the placard itself, but its use to encourage criminal conduct by the specified public or group.

Does the offence require more than ten persons?

The statute contains two alternatives: abetment by the public generally, or by any number or class of persons exceeding ten. The second alternative requires a class or number greater than ten. The first addresses the public generally and is not confined to proving a precisely enumerated group.

Does an actual attack have to take place?

The provision addresses abetting the commission of an offence. Liability therefore depends on proving the statutory elements of abetment, not necessarily on proof that the audience carried out the proposed offence. If a further offence occurs, other rules on abettor liability may also become relevant.

Official legislation and reference material

• India Code: Bharatiya Nyaya Sanhita, 2023 (official Act PDF) - see Sections 45, 57 and 358.
• National Crime Records Bureau: BNS chapter-wise statutory text - Section 57 and its illustration.
• Bureau of Police Research and Development: BNS reference and IPC comparison.
• Indian Penal Code, 1860: Sections and punishments.

Legal information only. The applicable enactment, date of the alleged conduct, other charges and case-specific evidence should be checked before relying on a particular punishment or procedural classification.