55. 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.
BNS Section 55: Abetment of offence punishable with death or imprisonment for life
Section 55 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of offence punishable with death or imprisonment for life. It replaces IPC 115 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 55 is according as offence abetted is cognizable or non-cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 55 | Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. | Imprisonment for 7 years and fine. | According as offence abetted is cognizable or non-cognizable | Non-bailable | Court by which offence abetted is triable |
| 55 | If an act which causes harm to be done in consequence of the abetment. | Imprisonment for 14 years and fine. | According as offence abetted is cognizable or non-cognizable | Non-bailable | Court by which offence abetted is triable |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 55
IPC sections replaced
- IPC 115: Abetment of offence punishable with death or imprisonment for life.—if offence not committed
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