Punishment of abetment if person abetted does act with different intention from that of abettor
Section 50 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment of abetment if person abetted does act with different intention from that of abettor. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of The Act came into force on 01 Jul 2024.
Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Section 50, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 110 Punishment of abetment if person abetted does act with different intention from that of abettor Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Abetment of any offence, if the person abetted does act with different intention from that of abettor. | 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 tria ble. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jaleshwar Singh vs State of Bihar
Decided under Indian Penal Code 110, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the evidence shows that the accused gave exhortation to commit an act with weapons that is likely to cause death, but does not explicitly exhort to cause death, the appropriate conviction is under Section 307 read with Section 110 IPC (abetment of attempt to cause death) rather than Section 302 read with Section 109 IPC (abetment of murder). The distinction between exhortation to kill and exhortation to cause grievous injury using deadly weapons is significant in determining the charge and sentence. Where the exact words of exhortation are ambiguous or disputed in evidence, and where words allegedly added later create doubt about specific intent to kill, the court should lean towards the more conservative interpretation that reflects the abetment of an act likely to cause death rather than direct abetment of murder. A custodial sentence of 7 years is appropriate for such modified conviction.
On this section: Punishment for abetment of act by conspirator - modified provision applied as appropriate remedy for abetting Section 307 act
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 50
What have the courts held on Section 50 of the Bharatiya Nyaya Sanhita?
Jaleshwar Singh vs State of Bihar (06 May 2009) is the leading judgment on this section among those set out below, though it was decided under IPC 110, which this section replaced -- the court never mentioned this Act: Punishment for abetment of act by conspirator - modified provision applied as appropriate remedy for abetting Section 307 act.
Is Section 50 of the Bharatiya Nyaya Sanhita bailable?
According as offence abetted is bailable or non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 50 of the Bharatiya Nyaya Sanhita cognizable?
According as offence abetted is cognizable or non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court by which offence abetted is tria ble.
How do I find court cases under Section 50 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 50, section 50 BNS, section 50 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jaleshwar Singh vs State of Bihar (06 May 2009).
What should I read with Section 50 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 110 (Punishment of abetment if person abetted does act with different intention from that of abettor), so the judgments decided under that provision are the case law on this one.
When did Section 50 of the Bharatiya Nyaya Sanhita come into force?
Section 50 of the Bharatiya Nyaya Sanhita, cited as BNS 50, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.