Section 47 BNS: Abetment in India of offences outside India

Bharatiya Nyaya Sanhita, 2023

Section 47 BNS at a Glance

Section 47 BNS deals with abetment in India of offences outside India. It replaced Section 108A IPC on 1 July 2024.

Punishment

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.

IPC Equivalent

Section 108A →

Section 47 BNS Bare Act Text

47. Abetment in India of offences outside India

A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Illustration

A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder.

Source: Section 47, Bharatiya Nyaya Sanhita, 2023

Section 47 BNS in Simple Words

Section 47 of the Bharatiya Nyaya Sanhita (BNS) explains when a person in India is guilty of abetting an act that is to be committed outside India. It applies to any person who, while in India, abets the commission of any act without and beyond India, provided that the act would constitute an offence under the Sanhita if it were committed in India.

The provision ensures that a person cannot escape criminal liability for abetment simply because the principal act takes place in a foreign country. In the statutory illustration, if A in India instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder because murder would be an offence if committed in India.

Section 47 BNS is an explanatory provision that defines the scope of abetment across borders and prescribes no separate punishment of its own. Instead, a person who abets an offence within the meaning of this section is punished under the general abetment punishment provisions in Sections 49 to 57 BNS, depending on the offence abetted and whether the act is actually committed.

Ingredients of Section 47 BNS

  • 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

Punishment Under Section 47 BNS

Imprisonment

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.

Section 47 BNS has no entry in the First Schedule to the BNSS. Cognizance, bail and the trial court follow the entry for the section under which the abettor is punished.

Example of Section 47 BNS

Sitting in Pune, Ravi phones his associate Arjun in Dubai and instigates him to murder their business partner there. Murder would be an offence if committed in India. Ravi has abetted an offence under Section 47 BNS, because he abetted, in India, an act to be done without and beyond India that would be an offence if committed in India. His punishment comes from Section 49 to Section 57 BNS, according to the offence and whether it is committed.

When Section 47 BNS Does Not Apply

  • The accused did not commit any act of instigation, conspiracy, or aid within India
  • The act to be committed abroad would not constitute an offence if it were committed in India
  • The act abetted was to be done in India, not without and beyond India
  • It does not itself fix a punishment, which comes from Section 49 to Section 57 BNS

Section 47 BNS in the IPC (Previous Law)

Section 47 BNS replaces Section 108A IPC from the old criminal code.

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.

View IPC Section 108A →

FAQs on Section 47 BNS

Under Section 47 BNS, can I be punished in India for helping or provoking a crime that happens in another country?▼

Yes. Section 47 BNS says a person in India commits abetment if they abet an act outside India that would be an offence if it were committed in India. The section covers abetment done in India even when the actual act happens abroad.

What does the prosecution have to show under Section 47 BNS?▼

They have to show that the person abetted the act while being in India, and that the act committed outside India would amount to an offence if it had been committed in India. The illustration in the text gives the example of a person in India instigating someone abroad to commit murder there.

Does Section 47 BNS itself mention the punishment?▼

No. The bare text of Section 47 BNS explains when abetment in India of an act outside India is covered, but it does not itself state a punishment under this section. Punishment depends on the applicable provision for the abetment and the offence involved.

What should I do if I am accused under Section 47 BNS or want to complain about it?▼

You should collect and preserve any messages, emails, call records, or other material showing what was said or encouraged from India. If you are accused or want to make a complaint, take the documents and facts to a lawyer or the police so they can examine whether the alleged act abroad would be an offence if done in India.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·