BNS Section 49 — Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment

CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT — of abetment

Criminal

Summary

Whoever abets an offence will, if the abetted act is actually committed because of that abetment, and if this Sanhita does not separately provide a specific punishment for such abetment, be punished with the same punishment that is provided for the offence itself.

The explanation clarifies that an act or offence is considered to be committed in consequence of abetment when it happens because of the instigation, or in pursuance of the conspiracy, or with the aid that together makes up the abetment.

Illustration (a): A instigates B to give false evidence. B, because of that instigation, commits the offence. A is guilty of abetting that offence and is liable to the same punishment as B.

Illustration (b): A and B conspire to poison Z. A, in pursuance of the conspiracy, gets the poison and gives it to B so that B can administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence, causing 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.

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.

Illustrations.

(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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.9 p.283 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.966 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)

Old <-> New Code Mapping

  • IPC §109 — Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment