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. 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 descript The Act came into force on 01 Jul 2024.
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.
Section 55, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 115 Abetment of offence punishable with death or imprisonment for life-if offence is not committed Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| 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. |
| 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. |
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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The State of Maharashtra vs Amol Nanasaheb Jogdanda
Decided under Indian Penal Code 115, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the primary witness (complainant) in a criminal case admits to an out-of-court settlement with the accused and recants the allegations, and no other credible corroborating evidence is presented by the prosecution, the accused persons must be acquitted as the burden of proof on the prosecution to establish guilt beyond reasonable doubt has not been discharged. The court cannot convict based on mere allegations when the complainant himself contradicts the complaint and admits to amicable resolution of the dispute.
On this section: Abetment of kidnapping - applied to determine if accused aided or encouraged the kidnapping
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Mahboob Khan vs State of Rajasthan through Pp
Decided under Indian Penal Code 115, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In criminal bail applications under Section 439 CrPC, even in cases involving serious charges such as sexual offences against minors, bail may be granted to an accused who has undergone substantial custody, subject to conditions imposed by the trial court, without prejudging the merits of the case. The court's role is to balance the right to liberty with the need to ensure appearance and prevent abuse of process.
On this section: Abetment of offence by act or instigation
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 55
What have the courts held on Section 55 of the Bharatiya Nyaya Sanhita?
The State of Maharashtra vs Amol Nanasaheb Jogdanda (08 Jan 2025) is the leading judgment on this section among those set out below, though it was decided under IPC 115, which this section replaced -- the court never mentioned this Act: Abetment of kidnapping - applied to determine if accused aided or encouraged the kidnapping. Another 1 judgment on this section is set out below. They run from 2017 to 2025.
Is Section 55 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 55 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 55 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 55, section 55 BNS, section 55 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 The State of Maharashtra vs Amol Nanasaheb Jogdanda (08 Jan 2025).
What should I read with Section 55 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 115 (Abetment of offence punishable with death or imprisonment for life-if offence is not committed), so the judgments decided under that provision are the case law on this one.
When did Section 55 of the Bharatiya Nyaya Sanhita come into force?
Section 55 of the Bharatiya Nyaya Sanhita, cited as BNS 55, 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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- 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.