IPC 116→BNS 56

IPC 116 to BNS 56: Abetment of offence punishable with imprisonment—if offence be not committed

Section 116 IPC (1860) replaced by Section 56 BNS (2023)

View IPC Section 116 →View BNS Section 56 →

IPC 116 to BNS 56 at a Glance

Section 116 IPC (Abetment of offence punishable with imprisonment—if offence be not committed) is now Section 56 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 116 to BNS 56?

Section 116 IPC is replaced by Section 56 BNS. The fractions of punishment, up to one-fourth of the longest term or up to one-half where a public servant bound to prevent the offence is involved, remain unchanged. The phrase under this Sanhita replaces by this Code, and the section heading drops the marginal words if offence be not committed and if abettor or person abetted be a public servant whose duty it is to prevent offence. The first illustration, in which A offers a bribe to B, a public servant, who refuses it, is omitted, and the remaining three illustrations are re-lettered a, b and c.

IPC 116 vs BNS 56: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section11656
OffenceAbetment of offence punishable with imprisonment—if offence be not committedSame
PunishmentImprisonment of any description provided for the offence for a term extending to one-fourth of the longest term provided for that offence, or extending to one-half of that longest term where the abettor or the person abetted is a public servant whose duty it is to prevent the offence.Same
FineSuch fine as is provided for the offence, or both, under both limbs.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByCourt by which offence abetted is triableSame

IPC 116 and BNS 56: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 116, IPC 1860

116. Abetment of offence punishable with imprisonment—if offence be not committed.—Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; if abettor or person abetted be a public servant whose duty it is to prevent offence.—and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. 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 refuses to accept the bribe. A is punishable under this section. (b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.
BNS 2023 (in force)

Section 56, BNS 2023

Whoever abets an offence punishable with imprisonment 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 any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly. (b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

Ingredients: IPC 116 vs BNS 56

Under IPC 116
  1. The accused abetted the commission of an offence punishable with imprisonment
  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 liability, the abettor or the person abetted was a public servant whose duty it was to prevent the commission of such offence
Under BNS 56
  1. Abetment of an offence punishable with imprisonment
  2. Non-commission of the offence abetted in consequence of the abetment
  3. Absence of express statutory provision for punishing such abetment
  4. Punishment extending to one-fourth of the longest term provided for the offence, or fine, or both
  5. Enhanced punishment extending to one-half of the longest term where a public servant duty-bound to prevent it is involved

What IPC 116 to BNS 56 Means for Pending Cases

For Section 116 IPC (now Section 56 BNS): under Section 56 BNS, the punishment fractions for abetment of an offence punishable with imprisonment, where the offence is not committed, are unchanged. A charge for an act done after the BNS came into force cites Section 56 BNS.

FAQs: IPC 116 to BNS 56

What changed from Section 116 IPC in Section 56 BNS?▼

Section 56 BNS retains the punishment fractions of Section 116 IPC. The phrase under this Sanhita replaces by this Code, the marginal words in the heading are dropped, and the first illustration, on offering a bribe to a public servant, is omitted. The remaining three illustrations are re-lettered a, b and c.

Where does Section 116 IPC sit in the Bharatiya Nyaya Sanhita?▼

It sits in Section 56 BNS, in Chapter IV, Of Abetment, Criminal Conspiracy and Attempt.

Does Section 116 IPC or Section 56 BNS apply to an act done before 1 July 2024?▼

Section 116 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 116 IPC. Section 56 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 ·