Section 56 BNS: Abetment of offence punishable with imprisonment

Bharatiya Nyaya Sanhita, 2023

Section 56 BNS at a Glance

Section 56 BNS deals with abetment of offence punishable with imprisonment. It is triable by the Court by which offence abetted is triable; it replaced Section 116 IPC on 1 July 2024.

Punishment

Imprisonment 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.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ Court by which offence abetted is triable ⓘ
IPC Equivalent

Section 116 →

Section 56 BNS Bare Act Text

56. 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 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.

Source: Section 56, Bharatiya Nyaya Sanhita, 2023

Section 56 BNS in Simple Words

Section 56 of the Bharatiya Nyaya Sanhita (BNS) deals with the abetment of an offence punishable with imprisonment when that offence is not committed in consequence of the abetment. It applies where no express provision is made elsewhere in the Sanhita for punishing such abetment. In general, the abettor may be punished with imprisonment of any description provided for the offence for a term extending to one-fourth of the longest term provided for that offence, or with such fine as is provided for that offence, or with both.

The section provides a stricter punishment when a public servant whose duty it is to prevent the offence is involved, either as the abettor or as the person abetted. In that case, the abettor may be punished with imprisonment of any description provided for the offence for a term extending to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Ingredients of Section 56 BNS

  • Abetment of an offence punishable with imprisonment
  • Non-commission of the offence abetted in consequence of the abetment
  • Absence of express statutory provision for punishing such abetment
  • Punishment extending to one-fourth of the longest term provided for the offence, or fine, or both
  • Enhanced punishment extending to one-half of the longest term where a public servant duty-bound to prevent it is involved

Punishment Under Section 56 BNS

Imprisonment

Imprisonment 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.

Fine

Such fine as is provided for the offence, or both, under both limbs.

Bail depends on the underlying offence ⓘCognizance depends on the case ⓘCompoundable (depends on the case) ⓘ🏛️ Court by which offence abetted is triable ⓘ

The First Schedule and Section 320(3) CrPC classify this abetment by reference to the offence, so cognizance, bail, the trial court and compounding all follow it.

  • 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.

Abetment of an offence punishable with imprisonment where the offence is not committed carries up to one-fourth of the longest term provided for the offence, or its fine, or both. Where a public servant bound to prevent the offence is involved, the imprisonment extends to one-half of the longest term, or fine, or both. Bail, cognizance, trial court and compounding follow the offence abetted.

Example of Section 56 BNS

In a village near Jodhpur, Zoya asks her farmhand Karthik to take a motorcycle belonging to Lakshmi from the courtyard at night, telling him where the key is stored. Karthik refuses the request and nothing is taken. Theft is an offence punishable with imprisonment under Section 303(2) BNS. Because the theft was not committed and no express abetment provision governs it, Zoya is punishable under Section 56 BNS with imprisonment extending to one-fourth of the longest term provided for theft, or with fine, or with both.

When Section 56 BNS Does Not Apply

  • The offence abetted was committed in consequence of the abetment
  • The offence abetted was not punishable with imprisonment
  • The offence abetted was punishable with death or imprisonment for life, for which Section 55 BNS makes express provision
  • An express statutory provision exists elsewhere for punishing that specific abetment
  • For the higher public servant limb, neither the abettor nor the person abetted was a public servant charged with a duty to prevent the offence

Section 56 BNS in the IPC (Previous Law)

Section 56 BNS replaces Section 116 IPC from the old criminal code.

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.

View IPC Section 116 →

FAQs on Section 56 BNS

Under Section 56 BNS, can I be punished for abetment even if the main offence never happened?▼

Yes. Section 56 BNS applies when a person abets an offence punishable with imprisonment, but that offence is not actually committed because of the abetment. This section applies only where the Sanhita does not make some express separate provision for punishing that abetment.

What has to be shown to use Section 56 of the BNS?▼

It has to be shown that there was abetment of an offence punishable with imprisonment, and that the offence was not committed in consequence of that abetment. It also has to be a case where no express provision elsewhere in the Sanhita already provides punishment for that abetment.

Is Section 56 BNS bailable?▼

It is not fixed by this section. The First Schedule ties both bailability and cognizability to the offence that was abetted, so each varies from case to case.

What punishment is given under Section 56 BNS?▼

The punishment may be imprisonment of any description provided for that offence for a term up to one-fourth of the longest term provided for that offence, or the fine provided for that offence, or both. If the abettor or the person abetted is a public servant whose duty is to prevent that offence, the imprisonment may extend to one-half of the longest term provided for that offence, or the fine provided for that offence, or both.

How is Section 56 different from abetment where the offence is actually committed?▼

Section 56 BNS deals with abetment where the offence is not committed in consequence of the abetment. It is also limited to cases where there is no express provision elsewhere in the Sanhita for punishment of that abetment.

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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 ·