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Bharatiya Nyaya Sanhita, 2023 · Chapter IV: Of Abetment, Criminal Conspiracy and Attempt

Section 56: Abetment of offence punishable with imprisonment

Earlier law: IPC section 116 (Abetment of offence punishable with imprisonment.—if offence be not committed)

In plain words

Abetting an offence punishable with imprisonment, where the offence is not committed, can be punished with up to one-fourth of the longest prison term for that offence, or its fine, or both.

  • If the abettor or the person abetted is a public servant whose duty is to prevent that offence, the limit rises to one-half of the longest term, or the fine, or both.
  • This applies only where the Sanhita has no specific punishment for that abetment.

Example: A police officer whose duty is to prevent robbery abets a robbery that never happens. The officer can still face up to one-half of the longest term for robbery, and a fine.

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 an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations

(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.

(c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

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 56

  • IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES versus
    2024 INSC 86613 November 2024Directions issued

    Whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime. In other words, whether properties of persons, who…