Abetment of offence punishable with death or imprisonment for life-if offence is not committed
Section 115 of the Indian Penal Code, 1860 deals with abetment of offence punishable with death or imprisonment for life-if offence is not committed. Abetment of offence punishable with death or imprisonment for life--if offence not committed.-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 by this The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Abetment of offence punishable with death or imprisonment for life--if offence not committed.-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 by this Code 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:
if act causing harm be done in consequence.
if act causing harm be done in consequence.--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 115, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 55 Abetment of offence punishable with death or imprisonment for life 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 The repealed enactment still governs what happened while it was in force.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.
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
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
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 115
What have the courts held on Section 115 of the Indian Penal Code?
The State of Maharashtra vs Amol Nanasaheb Jogdanda (08 Jan 2025) is the leading judgment on this section among those set out below: 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.
How do I find court cases under Section 115 of the Indian Penal Code?
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: IPC 115, section 115 IPC, section 115 of the Indian Penal Code. People searching for it also type ipc 115(2) in hindi and ipc 115 2 punishment 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 The State of Maharashtra vs Amol Nanasaheb Jogdanda (08 Jan 2025).
What should I read with Section 115 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 55 (Abetment of offence punishable with death or imprisonment for life), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 115 of the Indian Penal Code come into force?
Section 115 of the Indian Penal Code, cited as IPC 115, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.