IPC 109→BNS 49

IPC 109 to BNS 49: Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

Section 109 IPC (1860) replaced by Section 49 BNS (2023)

View IPC Section 109 →View BNS Section 49 →

IPC 109 to BNS 49 at a Glance

Section 109 IPC (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment) is now Section 49 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 109 to BNS 49?

Section 109 IPC is replaced by Section 49 BNS. The heading in Section 49 BNS drops the word the before act abetted. Section 49 BNS substitutes this Sanhita for this Code. It omits the first illustration, on offering a bribe to a public servant, which named the offence defined in section 161. The remaining illustrations are re-lettered a and b. The rule and the punishment are unchanged.

IPC 109 vs BNS 49: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10949
OffencePunishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishmentSame
PunishmentThe punishment provided for the offence abetted.Same
FineThe fine provided for the offence abetted, where it carries one.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByCourt by which offence abetted is triableSame

IPC 109 and BNS 49: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 109, IPC 1860

109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations (a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A's absence and thereby causes Z's death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
BNS 2023 (in force)

Section 49, BNS 2023

Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations. (a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

Ingredients: IPC 109 vs BNS 49

Under IPC 109
  1. The accused abetted an offence through instigation, conspiracy, or intentional aid as defined under Section 107 IPC
  2. The act abetted is committed in consequence of that abetment
  3. The act is committed in consequence of the instigation, in pursuance of the conspiracy, or with the aid which constitutes the abetment under the Explanation
  4. No express provision is made by the Code for the punishment of such abetment
Under BNS 49
  1. Abetting any offence through instigation, conspiracy or intentional aid
  2. The act abetted is committed in consequence of the abetment
  3. No express provision is made by the Sanhita for the punishment of such abetment
  4. Punishment is that provided for the substantive offence abetted

What IPC 109 to BNS 49 Means for Pending Cases

For Section 109 IPC (now Section 49 BNS): under Section 49 BNS, the punishment for abetment where the act is committed remains identical to Section 109 IPC. A charge for an act done after the BNS came into force cites Section 49 BNS and carries the penalty provided for the substantive offence abetted.

FAQs: IPC 109 to BNS 49

What changed from Section 109 IPC in Section 49 BNS?▼

The core legal principle and penal consequences remain exactly the same. Section 49 BNS substitutes this Sanhita for this Code and drops the word the from its section heading. It also omits the first statutory illustration relating to bribery of a public servant, re-lettering the remaining illustrations as clauses a and b.

Where does Section 109 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 49 BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 109 IPC or Section 49 BNS apply to an act done before 1 July 2024?▼

Section 109 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 109 IPC. Section 49 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 ·