Section 55 BNS: Abetment of offence punishable with death or imprisonment for life
Bharatiya Nyaya Sanhita, 2023
Section 55 BNS at a Glance
Section 55 BNS deals with abetment of offence punishable with death or imprisonment for life. It is non-bailable, triable by the Court by which offence abetted is triable; it replaced Section 115 IPC on 1 July 2024.
Imprisonment 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.
Section 55 BNS Bare Act Text
55. 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 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.
IllustrationA 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.
Source: Section 55, Bharatiya Nyaya Sanhita, 2023
Section 55 BNS in Simple Words
Section 55 of the Bharatiya Nyaya Sanhita (BNS) deals with abetment of an offence that is punishable with death or imprisonment for life, where the main offence is not actually committed. In simple terms, if a person helps, instigates, or plans such a serious offence, but the offence does not take place, this section can still apply. The law treats the attempt to set a grave crime in motion as serious, even if the final act is not completed. This section applies to the abettor, not the person who would have directly committed the main offence.
The prosecution must show that there was abetment and that the intended offence was one carrying death or life imprisonment. Its practical value is clear in criminal cases involving murder plots, serious conspiracies, or planned violent acts that fail before execution. It allows the police and courts to act before the harm fully occurs, while still requiring proof of the accused’s role and intention.
Ingredients of Section 55 BNS
- Abetment of an offence punishable with death or imprisonment for life
- Non-commission of the offence abetted in consequence of the abetment
- Absence of express statutory provision for the punishment of such abetment
- Punishment of imprisonment extending to seven years and liability to fine
- Enhanced punishment extending to fourteen years and liability to fine if hurt is caused
Punishment Under Section 55 BNS
Imprisonment 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.
Liability to fine in addition to imprisonment under both limbs.
The First Schedule makes this non-bailable in every case. Cognizance and the trial court follow the offence abetted.
- Cognizable: According as offence abetted is cognizable or non-cognizable
Abetment of an offence punishable with death or life imprisonment where the offence is not committed carries imprisonment extending to seven years, and liability to fine. If hurt is caused in consequence, imprisonment extends to fourteen years, and liability to fine. The offence is non-bailable and not compoundable, while cognizance and trial court follow the offence abetted.
Example of Section 55 BNS
When Section 55 BNS Does Not Apply
- The offence abetted was committed in consequence of the abetment
- The offence abetted was not punishable with death or imprisonment for life
- The Code makes express provision for the punishment of that abetment
- For the fourteen-year penalty, no act causing hurt to any person was done in consequence of the abetment
Section 55 BNS in the IPC (Previous Law)
Section 55 BNS replaces Section 115 IPC from the old criminal code.
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.
View IPC Section 115 →FAQs on Section 55 BNS
Does Section 55 BNS apply even if the main crime never happened?▼
Yes. The section is meant for cases where a serious offence was abetted but not actually committed. The law still punishes the person who helped or encouraged the plan.
What kind of conduct counts as abetment under Section 55 BNS?▼
Abetment can be by instigation, conspiracy, or intentional aid. The prosecution must connect the accused to the serious offence in a real and provable way, not just by suspicion.
Under Section 55 BNS, is the punishment the same as for the main offence?▼
No. The abettor is not punished as if the murder or life offence was completed. Under this section, the punishment is imprisonment up to 7 years if the offence is not committed, or up to 14 years if an act causing hurt to any person is done in consequence of the abetment. In both cases the abettor is also liable to fine.
Why is Section 55 BNS used in practice?▼
It is often used in serious criminal cases where a person helps plan a murder or other grave offence, but the act is stopped in time. It gives the police a legal basis to proceed even before the final crime occurs.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·