Section 50 BNS: Punishment of abetment if person abetted does act with different intention from that of abettor
Bharatiya Nyaya Sanhita, 2023
Section 50 BNS at a Glance
Section 50 BNS deals with punishment of abetment if person abetted does act with different intention from that of abettor. It is triable by the Court by which offence abetted is triable; it replaced Section 110 IPC on 1 July 2024.
The punishment provided for the offence that would have been committed had the act been done with the intention or knowledge of the abettor.
Section 50 BNS Bare Act Text
50. Punishment of abetment if person abetted does act with different intention from that of abettor
Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Source: Section 50, Bharatiya Nyaya Sanhita, 2023
Section 50 BNS in Simple Words
Section 50 of the Bharatiya Nyaya Sanhita (BNS) deals with a special situation in abetment cases. If a person helps, encourages, or instigates another person to do an act, but the person who actually does the act does so with a different intention, the abettor may still be punished. The law does not let an abettor escape merely because the final intent of the main actor was different from what was originally planned. This section applies where there is a clear link between the abetment and the act that follows, but the mental state of the person doing the act is not exactly the same as that of the abettor.
In practice, this matters in fraud, theft, assault, and other offences where more than one person is involved. The court looks at the abettor’s role, the nature of the support given, and whether the act was carried out in a way that still falls within the scope of the abetment. It helps prevent people from hiding behind technical differences in intention.
Ingredients of Section 50 BNS
- Abetment of the commission of an offence
- Commission of the act abetted by the person abetted
- The person abetted does the act with a different intention or knowledge from that of the abettor
- Punishment is that provided for the offence that would have been committed if done with the intention or knowledge of the abettor and with no other
Punishment Under Section 50 BNS
The punishment provided for the offence that would have been committed had the act been done with the intention or knowledge of the abettor.
The fine provided for that offence, where it carries one.
The First Schedule and Section 320(3) CrPC classify this abetment by reference to the offence abetted, so cognizance, bail, the trial court and compounding all follow that offence.
- Cognizable: According as offence abetted is cognizable or non-cognizable
- Bailable: According as offence abetted is bailable or non-bailable
- Compoundable: Where the offence abetted is compoundable, Section 320(3) CrPC lets its abetment be compounded in like manner. Otherwise it cannot be compounded.
The abettor is punished by his own intention or knowledge, rather than that of the perpetrator. Bail, cognizance, the trial court and compounding follow the offence abetted.
Example of Section 50 BNS
When Section 50 BNS Does Not Apply
- The person abetted committed the act with the same intention and knowledge as the abettor, rather than a different intention or knowledge
- The person abetted committed a different act from the one that was abetted
- The act abetted was not committed by the person abetted
- The act committed would not constitute an offence even if done with the intention or knowledge of the abettor
Section 50 BNS in the IPC (Previous Law)
Section 50 BNS replaces Section 110 IPC from the old criminal code.
Section 110 IPC is replaced by Section 50 BNS, with the identical heading, statutory words and punishment.
View IPC Section 110 →FAQs on Section 50 BNS
What does Section 50 BNS deal with in simple terms?▼
It deals with punishment in abetment cases where the person who actually does the act has a different intention or knowledge from the person who abetted it. Under Section 50 BNS, the abettor is punished with the punishment for the offence that would have been committed if the act had been done with the abettor's intention or knowledge.
Under Section 50 BNS, do both people need to share the same intention?▼
No, not always. Section 50 BNS applies even when the doer's intention or knowledge is different, as long as the abettor abetted the offence and the person abetted did the act. The court measures the abettor's liability by the abettor's own intention or knowledge.
Is the punishment fixed under Section 50 BNS itself?▼
No standalone jail term or fine is fixed in this section alone. Instead, the abettor is punished with the punishment provided for the offence that would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.
Under Section 50 BNS, what if the person abetted commits a different act rather than having a different intention?▼
Section 50 BNS applies when the person abetted does the act that was abetted, but with a different intention or knowledge. If the person abetted commits a different act altogether, Section 51 BNS governs the abettor's liability.
Have questions about Section 50 BNS?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →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 ·