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IPC Section 115 in BNS: Section 55

Abetment of offence punishable with death or imprisonment for life.—if offence not committed

Section 115 of the Indian Penal Code, 1860 (Abetment of offence punishable with death or imprisonment for life.—if offence not committed) corresponds to Section 55 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 55 is according as offence abetted is cognizable or non-cognizable, non-bailable, triable by Court by which offence abetted is triable; punishment: Imprisonment for 7 years and fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
55Abetment 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-cognizableNon-bailableCourt by which offence abetted is triable
55If 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-cognizableNon-bailableCourt 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 55

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 ifany 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.

Full BNS Section 55 and every IPC section it replaced →

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