Abetting commission of offence by public or by more than ten persons
Section 57 of the Bharatiya Nyaya Sanhita, 2023 deals with abetting commission of offence by public or by more than ten persons. Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. The Act came into force on 01 Jul 2024.
Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.
Illustration.
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.
Section 57, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 117 Abetting commission of offence by the public or by more than ten persons 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 The repealed enactment still governs what happened while it was in force.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.
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 |
|---|---|---|---|---|
| Abetting commission of an offence by the public or by more than ten persons. | Imprisonment which may extend to 7 years and fine. | 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.
-
Guria, Swayam Sevi Sansthan vs State of U. P.
Decided under Indian Penal Code 117, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In bail applications under the Immoral Traffic Prevention Act, 1956, and related human trafficking offences, courts must carefully consider the gravity of the charged offences and must not grant bail in a cursory manner. The absence of specific identification or detailed description of an accused person's role in witness statements recorded under Section 161 CrPC is not sufficient ground to grant bail when the accused is charged with serious trafficking-related offences. Courts must distinguish between rescued victims and those accused of perpetrating the trafficking and must not ignore material evidence regarding the systematic nature of the trafficking operation. The severity of punishment provided under the Act (ranging from 3 years to life imprisonment) demands cautious and deliberate consideration of bail applications by higher courts.
On this section: Abetment of offence - applied in charge sheet against 23 persons indicating their role as abettors in trafficking.
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 57
What have the courts held on Section 57 of the Bharatiya Nyaya Sanhita?
Guria, Swayam Sevi Sansthan vs State of U. P. (31 Jul 2009) is the leading judgment on this section among those set out below, though it was decided under IPC 117, which this section replaced -- the court never mentioned this Act: Abetment of offence - applied in charge sheet against 23 persons indicating their role as abettors in trafficking.
Is Section 57 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 57 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 57 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 57, section 57 BNS, section 57 of the Bharatiya Nyaya Sanhita. People searching for it also type 57 bns act. 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 Guria, Swayam Sevi Sansthan vs State of U. P. (31 Jul 2009).
What should I read with Section 57 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 117 (Abetting commission of offence by the public or by more than ten persons), so the judgments decided under that provision are the case law on this one.
When did Section 57 of the Bharatiya Nyaya Sanhita come into force?
Section 57 of the Bharatiya Nyaya Sanhita, cited as BNS 57, 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
- 2. Definitions2199 words
- 356. Defamation1543 words
- 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.