52. If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences. Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences.
IPC Section 112 in BNS: Section 52
Abettor when liable to cumulative punishment for act abetted and for act done
Section 112 of the Indian Penal Code, 1860 (Abettor when liable to cumulative punishment for act abetted and for act done) corresponds to Section 52 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 52 is according as offence abetted is cognizable or non-cognizable, according as offence abetted is bailable or non-bailable, triable by Court by which offence abetted is triable; punishment: Same as for offence abetted.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 52 | Abettor when liable to cumulative punishment for act abetted and for act done. | Same as for offence abetted. | According as offence abetted is cognizable or non-cognizable | According as offence abetted is bailable or non-bailable. | Court by which offence abetted is triable |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 52
Full BNS Section 52 and every IPC section it replaced →
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