Bharatiya Nyaya Sanhita, 2023 · Chapter IV: Of Abetment, Criminal Conspiracy and Attempt
Section 49: Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
In plain words
If the abetted offence is actually committed as a result of the abetment, and the Sanhita gives no separate punishment for that abetment, the abettor gets the same punishment as the offence itself.
- An offence is committed "as a result" of abetment if it follows the instigation, is done under the conspiracy, or is done with the aid given.
Example: A and B plan to poison Z. A gets the poison and B gives it to Z, who dies. B is guilty of murder, and A is liable to the punishment for murder as an abettor.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita 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.
llustrations.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 49
No Supreme Court judgment in our database cites this section yet.