BNS Section 56 — Abetment of offence punishable with imprisonment

Summary

Whoever encourages or helps another person commit an offence that is punishable with imprisonment, but the offence is not actually committed because of that encouragement, and no other part of this Sanhita specifically sets a punishment for such encouragement, will be punished with imprisonment of any type allowed for that offence, for a term up to one-fourth of the longest prison term allowed for that offence, or with the fine allowed for that offence, or with both.

If the person who gives the encouragement, or the person being encouraged, is a public servant whose duty is to prevent that offence from happening, then the person giving the encouragement will be punished with imprisonment of any type allowed for that offence, for a term up to one-half of the longest prison term allowed for that offence, or with the fine allowed for that offence, or with both.

Illustration (a): A encourages B to give false evidence. If B does not actually give false evidence, A has still committed the offence described in this section and is punishable accordingly.

Illustration (b): A, a police officer whose duty is to prevent robbery, encourages the commission of robbery. Even if the robbery is not committed, A is liable to one-half of the longest prison term allowed for robbery, and also to a fine.

Illustration (c): B encourages the commission of a robbery by A, a police officer whose duty is to prevent that offence. Even if the robbery is not committed, B is liable to one-half of the longest prison term allowed for the offence of robbery, and also to a fine.

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.

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.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• 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 §116 — Abetment of offence punishable with imprisonment