Abetment of offence punishable with imprisonment
Section 56 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of offence punishable with imprisonment. Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term The Act came into force on 01 Jul 2024.
Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.
Illustrations.
(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.
(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
Section 56, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 116 Abetment of offence punishable with imprisonment--if offence be not committed Text carried over almost unchanged 90%
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 The repealed enactment still governs what happened while it was in force.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 imprisonment, if the offence be not committed in consequence of the abetment. | Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. | 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. |
| If the abettor or the person abetted be a public servant whose duty it is to prevent the offence. | Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both. | 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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Sanjay Kumar Kedia vs Narcotics Control Bureau
Decided under Indian Penal Code 116, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A person or company cannot claim immunity under Section 79 of the Information Technology Act, 2000 (which protects intermediaries from liability for third-party information) when engaged in illegal drug trafficking operations. Section 79 provides immunity only from prosecution under the Information Technology Act itself, not from prosecution under other statutes such as the Narcotic Drugs and Psychotropic Substances Act, 1985. When a company uses technology platforms and internet services as a facade to actively facilitate, design, develop, host, and control the distribution of banned psychotropic substances, it is not a mere intermediary but an active participant in the illegal trade and can be prosecuted under Sections 24 and 29 of the NDPS Act. Bail should be denied when overwhelming inculpatory evidence establishes a prima facie case and there are no reasonable grounds to believe the accused is not guilty or would not resume illegal activities.
On this section: Referenced in Section 29(1) of NDPS Act regarding criminal conspiracy; Section 29 provides that abetment or conspiracy is punishable notwithstanding anything in Section 116 IPC
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Sheo Jee Sah vs The State of Bihar& ORS.
Decided under Indian Penal Code 116, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a petitioner seeks High Court intervention in a writ petition based on alleged police recommendations for criminal prosecution, the petitioner must provide copies of the actual recommendations and supporting materials to enable the court to examine the matter. Without such documentary evidence, the High Court cannot intervene directly but should direct the petitioner to pursue the matter before the appropriate forum or authority competent to take action on such recommendations.
On this section: Section 116 IPC provides for punishment for breach of bond to keep the peace. The police report recommended prosecution under this section for alleged violation of the Section 107 CrPC order.
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 56
What have the courts held on Section 56 of the Bharatiya Nyaya Sanhita?
Sanjay Kumar Kedia vs Narcotics Control Bureau (03 Dec 2007) is the leading judgment on this section among those set out below, though it was decided under IPC 116, which this section replaced -- the court never mentioned this Act: Referenced in Section 29(1) of NDPS Act regarding criminal conspiracy; Section 29 provides that abetment or conspiracy is punishable notwithstanding anything in Section 116 IPC. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2007 to 2012.
Is Section 56 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 56 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 56 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 56, section 56 BNS, section 56 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 56 3 and bns 56 1 in hindi. 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 Sanjay Kumar Kedia vs Narcotics Control Bureau (03 Dec 2007).
What should I read with Section 56 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 116 (Abetment of offence punishable with imprisonment--if offence be not committed), so the judgments decided under that provision are the case law on this one.
When did Section 56 of the Bharatiya Nyaya Sanhita come into force?
Section 56 of the Bharatiya Nyaya Sanhita, cited as BNS 56, 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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- 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 14 Oct 2026. This page is not a substitute for legal advice.