Abetting commission of offence by the public or by more than ten persons
Section 117 of the Indian Penal Code, 1860 deals with abetting commission of offence by the 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 three years, or with fine, or with both. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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 three years, or with fine, or with both.
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 117, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 57 Abetting commission of offence by 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 The repealed enactment still governs what happened while it was in force.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.
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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Guria, Swayam Sevi Sansthan vs State of U. P.
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 117
What have the courts held on Section 117 of the Indian Penal Code?
Guria, Swayam Sevi Sansthan vs State of U. P. (31 Jul 2009) is the leading judgment on this section among those set out below: Abetment of offence - applied in charge sheet against 23 persons indicating their role as abettors in trafficking.
How do I find court cases under Section 117 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 117, section 117 IPC, section 117 of the Indian Penal Code. People searching for it also type ipc 117(2) in hindi. 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 117 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 57 (Abetting commission of offence by public or by more than ten persons), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 117 of the Indian Penal Code come into force?
Section 117 of the Indian Penal Code, cited as IPC 117, 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.