IPC 115→BNS 55

IPC 115 to BNS 55: Abetment of offence punishable with death or imprisonment for life.—if offence not committed

Section 115 IPC (1860) replaced by Section 55 BNS (2023)

View IPC Section 115 →View BNS Section 55 →

IPC 115 to BNS 55 at a Glance

Section 115 IPC (Abetment of offence punishable with death or imprisonment for life.—if offence not committed) is now Section 55 BNS, in force from 1 July 2024. Under the BNS it is non-bailable. What changed is set out below.

What Changed From IPC 115 to BNS 55?

Section 115 IPC is replaced by Section 55 BNS. The punishments of imprisonment up to seven years and liability to fine, or up to fourteen years and liability to fine where hurt is caused, remain unchanged. The phrase under this Sanhita replaces by this Code, and the section heading drops the marginal limbs if offence not committed and if act causing harm be done in consequence.

IPC 115 vs BNS 55: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section11555
OffenceAbetment of offence punishable with death or imprisonment for life.—if offence not committedSame
PunishmentImprisonment of either description for a term extending to seven years where no hurt is caused. Imprisonment of either description for a term extending to fourteen years if an act causing hurt is done in consequence of the abetment.Same
FineLiability to fine in addition to imprisonment under both limbs.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt by which offence abetted is triableSame

IPC 115 and BNS 55: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 115, IPC 1860

115. 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.—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.
BNS 2023 (in force)

Section 55, BNS 2023

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 under this Sanhita 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; 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.

Ingredients: IPC 115 vs BNS 55

Under IPC 115
  1. The accused abetted the commission of an offence punishable with death or imprisonment for life
  2. The offence abetted was not committed in consequence of the abetment
  3. No express provision is made by the Code for the punishment of such abetment
  4. For enhanced punishment, an act causing hurt to any person was done in consequence of the abetment for which the abettor was liable
Under BNS 55
  1. Abetment of an offence punishable with death or imprisonment for life
  2. Non-commission of the offence abetted in consequence of the abetment
  3. Absence of express statutory provision for the punishment of such abetment
  4. Punishment of imprisonment extending to seven years and liability to fine
  5. Enhanced punishment extending to fourteen years and liability to fine if hurt is caused

What IPC 115 to BNS 55 Means for Pending Cases

For Section 115 IPC (now Section 55 BNS): under Section 55 BNS, the punishment for abetting capital and life-imprisonment offences that are not committed remains identical to Section 115 IPC. The division between the basic seven-year term and the fourteen-year term for acts causing hurt continues unchanged. A charge for an act done after the BNS came into force cites Section 55 BNS.

FAQs: IPC 115 to BNS 55

What changed from Section 115 IPC in Section 55 BNS?▼

Section 55 BNS retains the punishments and elements of Section 115 IPC. The phrase under this Sanhita replaces by this Code, and the section heading drops the marginal limbs regarding offence not committed and act causing harm.

Where does Section 115 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 55 BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 115 IPC or Section 55 BNS apply to an act done before 1 July 2024?▼

Section 115 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 115 IPC. Section 55 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 ·