IPC 108A to BNS 47: Abetment in India of offences outside India
Section 108A IPC (1860) replaced by Section 47 BNS (2023)
IPC 108A to BNS 47 at a Glance
Section 108A IPC (Abetment in India of offences outside India) is now Section 47 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 108A to BNS 47?
Section 108A IPC is replaced by Section 47 BNS. Section 47 BNS substitutes this Sanhita for this Code. In the statutory illustration, instigating a foreigner in Goa is replaced by instigating a foreigner in country X to commit murder in that country. The legal rule is otherwise unchanged.
IPC 108A vs BNS 47: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 108A | 47 |
| Offence | Abetment in India of offences outside India | Same |
| Punishment | None of its own. Section 109 to Section 117 IPC punish abetment of an offence according to the offence abetted and whether it is committed. | None of its own. Section 49 to Section 57 BNS punish abetment of an offence according to the offence abetted and whether it is committed. |
| Fine | None of its own. Any fine comes from the section that punishes the abetment. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 108A and BNS 47: Bare Act Text Side by Side
Section 108A, IPC 1860
Section 47, BNS 2023
Ingredients: IPC 108A vs BNS 47
- He abets, in India, the commission of the act, by instigation, conspiracy or intentional aid
- The act abetted was to be committed without and beyond India
- The act would constitute an offence if it had been committed in India
- Abetment committed by a person within India
- The abetment relates to the commission of an act without and beyond India
- The act would constitute an offence if committed in India
What IPC 108A to BNS 47 Means for Pending Cases
FAQs: IPC 108A to BNS 47
What changed from Section 108A IPC in Section 47 BNS?▼
Section 47 BNS replaces this Code with this Sanhita. In the statutory illustration, instigating an offence in Goa is replaced by instigating an offence in country X.
Where does Section 108A IPC sit in the Bharatiya Nyaya Sanhita?▼
It sits in Section 47 BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt. The adjacent Section 48 BNS introduces a new provision entitled Abetment outside India for offence in India, which had no express IPC counterpart.
Does Section 108A IPC or Section 47 BNS apply to an act done before 1 July 2024?▼
Section 108A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 108A IPC. Section 47 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·