BNS Section 55 — Abetment of offence punishable with death or imprisonment for life

Summary

Whoever encourages or helps someone commit an offence that is punishable with death or imprisonment for life will face consequences if that offence does not actually happen because of their encouragement, and if no other part of this Sanhita specifically sets a punishment for such encouragement. In that situation, the person who encouraged the offence can be imprisoned for up to seven years, of either type of imprisonment, and can also be fined. If, as a result of the encouragement, any act is done that causes hurt to any person, then the person who encouraged the offence can be imprisoned for up to fourteen years, of either type of imprisonment, and can also be fined.

The illustration explains this with an example: A encourages B to murder Z, but the murder does not happen. If B had murdered Z, B would have faced death or imprisonment for life. So A is liable to imprisonment for up to seven years and a fine. If any hurt is done to Z because of the encouragement, A will be liable to imprisonment for up to fourteen years and a fine.

Official Text

Whoever abets the commission of an offence punishable with death or imprisonment for life, 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 either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Illustration. A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — 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 (2024) Vol.10 p.930 — Supreme Court of India (2024)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §115 — Abetment of offence punishable with death or imprisonment for life