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Home › BNS Sections › Section 49
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 49 BNS - Punishment of abetment if act abetted Is committed in consequence and Where no express provision is made For its punishment

धारा 49 भारतीय न्याय संहिता (BNS) के अनुसार यदि दुष्प्रेरित अपराध दुष्प्रेरण के परिणामस्वरूप किया जाता है तो दुष्प्रेरक को उसी अपराध की सजा दी जाती है। पुरानी IPC की धारा 109 अब बिना बदलाव के यही धारा 49 BNS है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
49 - Punishment of abetment if act abetted Is committed in consequence and Where no express provision is made For its punishment
Old provision
Section 109 IPC
Punishment
Same as for offence abetted.
Cognizable?
According as offence abetted i
Bailable?
According as offence abetted i
Triable by
Court by which offence abetted is triable.

Old law → Section 49 BNS

Corresponds toChangeRemarks
Section 109 IPC Renumbered, no change No change.

Section 49 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the general punishment provision for abetment: when the act abetted is actually committed because of the abetment, and the Sanhita prescribes no separate punishment for that abetment, the abettor is punished with the punishment provided for the offence itself. It is the direct successor of the heavily used Section 109 of the Indian Penal Code, carried into the new code on 1 July 2024 without change.

What Section 49 BNS provides

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by the Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence. In practical terms, the person who instigated, conspired towards or intentionally aided a crime faces the same sentence range as the person who physically committed it.

When an act is "committed in consequence of abetment"

The Explanation to the section sets out the three routes:

  • the act is committed in consequence of the instigation;
  • it is committed in pursuance of the conspiracy; or
  • it is committed with the aid which constitutes the abetment.

Abetment itself is defined earlier in the same chapter - in Section 45 BNS (instigating, engaging in a conspiracy, or intentionally aiding), with "abettor" defined in Section 46 BNS. Section 49 is the sentencing rule that attaches once abetment is proved and the abetted offence has actually been committed.

The essentials in plain language

  • Section 49 creates no offence of its own - it is always charged alongside the substantive offence (for example, abetment of cheating, abetment of hurt).
  • It applies only where the abetted act was actually committed; abetment of offences that are not carried out is dealt with by other provisions of the abetment chapter.
  • It is a residual rule: it yields wherever the code makes an express provision for punishing a particular abetment.
  • The abettor's presence at the scene is not required - liability rests on the instigation, conspiracy or aid.

How a Section 49 case proceeds

The procedure tracks the offence abetted: per the First Schedule, whether the case is cognizable or non-cognizable and bailable or non-bailable is according as the offence abetted is, and it is triable by the court by which the offence abetted is triable. So abetment of a Sessions-triable offence goes to the Court of Session, and abetment of a Magistrate-triable offence stays with the Magistrate.

What changed from Section 109 IPC

Nothing of substance - the official comparison table records the provision as renumbered from Section 109 IPC to Section 49 BNS with "no change". The long line of case law on Section 109 IPC - on what amounts to instigation, the need for a causal link between the abetment and the act, and conviction of an abettor even where the principal is acquitted on individual grounds - continues to apply. For offences committed before 1 July 2024 the charge remains under Section 109 IPC.

Named as an abettor in an FIR or chargesheet? Abetment cases turn on what exactly links you to the main offence - instigation, agreement or aid - and that is precisely where early legal advice matters. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 49 of the BNS?

Section 49 of the Bharatiya Nyaya Sanhita, 2023 provides that a person who abets an offence is punished with the same punishment as the offence itself, if the act abetted is committed in consequence of the abetment and the code makes no separate provision for that abetment. It replaced Section 109 IPC without change.

What punishment does an abettor get under Section 49 BNS?

The punishment provided for the offence abetted. If the main offence carries seven years, the abettor faces up to seven years too - Section 49 does not create a lighter, separate sentence.

When does Section 49 BNS apply?

Only when the abetted act was actually committed in consequence of the abetment - through instigation, in pursuance of a conspiracy, or with the aid that constituted the abetment - and no express punishment for that abetment exists elsewhere in the code.

Is Section 49 BNS bailable, and which court tries it?

It follows the offence abetted: the case is cognizable or bailable according as the abetted offence is, and it is tried by the court that would try the abetted offence.

What is Section 109 IPC called now?

Section 49 BNS. The provision was renumbered without substantive change, so the case law on Section 109 IPC continues to apply. Note that in the new code Section 109 BNS is a different offence altogether.

What does Section 49 BNS deal with?

Section 49 BNS provides the general punishment rule for abetment when the abetted act is actually committed and no express provision is made by the Sanhita for its punishment. In such cases, the abettor receives the same punishment provided for the substantive offence.

How are bail and court jurisdiction determined under Section 49 BNS?

The procedure tracks the specific offence abetted. Whether the case is cognizable or non-cognizable, bailable or non-bailable, and which court tries it depends entirely on the offence abetted.