Abettor when liable to cumulative punishment for act abetted and for act done
Section 52 of the Bharatiya Nyaya Sanhita, 2023 deals with abettor when liable to cumulative punishment for act abetted and for act done. 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. The Act came into force on 01 Jul 2024.
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.
Section 52, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 112 Abettor when liable to cumulative punishment for act abetted and for act done Text carried over almost unchanged 99%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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 |
|---|---|---|---|---|
| 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. |
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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Jangala Koteswara Rao at Koti vs The State of A.p.
Decided under Indian Penal Code 112, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A criminal petition under Section 482 CrPC seeking to quash criminal proceedings becomes infructuous and is liable to be dismissed when the trial has already concluded and the matter is posted for judgment before the trial court, as the petition no longer serves any practical purpose at that stage of proceedings.
On this section: Abetment of offences
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Jangala Koteswara Rao at Koti vs The State of A.p.
Decided under Indian Penal Code 112, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a criminal petition for quashing proceedings is filed in the High Court but the trial court has already substantially progressed with examination of prosecution witnesses, the High Court may close the criminal petition and grant liberty to the petitioner to participate in the ongoing trial rather than entertaining the petition for quashing, as the trial court is the appropriate forum to adjudicate the charges.
On this section: Abetment of offences
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 52
What have the courts held on Section 52 of the Bharatiya Nyaya Sanhita?
Jangala Koteswara Rao at Koti vs The State of A.p. (08 Feb 2024) is the leading judgment on this section among those set out below, though it was decided under IPC 112, which this section replaced -- the court never mentioned this Act: Abetment of offences. Another 1 judgment on this section is set out below. They run from 2023 to 2024.
Is Section 52 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 52 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 triable.
How do I find court cases under Section 52 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 52, section 52 BNS, section 52 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jangala Koteswara Rao at Koti vs The State of A.p. (08 Feb 2024).
What should I read with Section 52 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 51 (Liability of abettor when one act abetted and different act done), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward IPC 112 (Abettor when liable to cumulative punishment for act abetted and for act done), so the judgments decided under that provision are the case law on this one.
When did Section 52 of the Bharatiya Nyaya Sanhita come into force?
Section 52 of the Bharatiya Nyaya Sanhita, cited as BNS 52, 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.
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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.