Section 57 BNS: Abetting commission of offence by public or by more than ten persons

Bharatiya Nyaya Sanhita, 2023

Section 57 BNS at a Glance

Section 57 BNS deals with abetting commission of offence by public or by more than ten persons. It is triable by the Court by which offence abetted is triable; it replaced Section 117 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to seven years.

Bail depends on the underlying offence β“˜Cognizance depends on the case β“˜Compoundable (depends on the case) β“˜πŸ›οΈ Court by which offence abetted is triable β“˜
IPC Equivalent

Section 117 β†’

Section 57 BNS Bare Act Text

57. Abetting commission of offence by the public or by more than ten persons

Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine.

Illustration

A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

Source: Section 57, Bharatiya Nyaya Sanhita, 2023

Section 57 BNS in Simple Words

Section 57 of the Bharatiya Nyaya Sanhita (BNS) deals with abetment where the act is intended to be committed by the public generally, or by more than ten persons. It is aimed at situations where a person instigates, encourages, or helps a large group to commit an offence, rather than one named individual. The law treats this as serious because the risk of public disorder and collective harm is much higher.

This section usually applies where the abettor’s conduct is directed at a crowd, a gathering, or a group large enough to create wider social impact. The prosecution must show that there was abetment and that the offence was meant to be carried out by the public or by more than ten persons. In practice, this section is used when speeches, propaganda, messages, or organised encouragement push a large group towards unlawful conduct.

It matters because liability is not limited to the person who actually commits the main offence. The person who stirs the group can also be punished.

Ingredients of Section 57 BNS

  • Abetment of an offence by instigation, conspiracy or aid
  • Targeting the public or any number or class of persons exceeding ten
  • Increased punishment of imprisonment extending to seven years under Section 57 BNS
  • Mandatory fine in addition to imprisonment under the new Sanhita

Punishment Under Section 57 BNS

Imprisonment

Imprisonment of either description for a term which may extend to seven years.

Fine

Mandatory fine in addition to imprisonment. The section sets no maximum amount.

Bail depends on the underlying offence β“˜Cognizance depends on the case β“˜Compoundable (depends on the case) β“˜πŸ›οΈ Court by which offence abetted is triable β“˜

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 by the public or by more than ten persons is punishable under Section 57 BNS with imprisonment of either description extending to seven years and with fine. Cognizance, bail, trial forum and compounding follow the offence abetted.

Example of Section 57 BNS

On the outskirts of Indore, Gopal pastes placards on walls around the marketplace instigating the members of a local sect, who number more than ten, to meet at a set time and place and attack the members of a rival sect during their procession. Such an attack would be an offence. Gopal commits the offence under Section 57 BNS by putting up the placards, whether or not anyone answers the call, and is punishable with imprisonment extending to seven years and with fine.

When Section 57 BNS Does Not Apply

  • The abetment was addressed to ten or fewer specific individuals rather than the public or a group exceeding ten persons
  • The act urged or abetted did not constitute an offence under the law
  • The conduct did not amount to instigation, conspiracy or intentional aid

Section 57 BNS in the IPC (Previous Law)

Section 57 BNS replaces Section 117 IPC from the old criminal code.

Section 117 IPC is replaced by Section 57 BNS, and the statutory punishment is significantly increased. Under the IPC, the offence was punishable with imprisonment of either description extending to three years, or fine, or both. Under Section 57 BNS, the penalty increases to imprisonment of either description for a term extending to seven years and with fine, removing fine as an alternative to imprisonment. The substantive words of the offence and the statutory illustration are retained, and the section heading drops the word the before public.

View IPC Section 117 β†’

FAQs on Section 57 BNS

What does Section 57 BNS punish?β–Ό

It punishes a person who abets an offence that is intended to be carried out by the public generally, or by more than ten persons. The focus is on the person who encourages or assists the group, not only on those who finally act. If the offence is actually committed because of that abetment, the legal consequences become more serious.

Does the offence have to be completed for Section 57 BNS to apply?β–Ό

Not always. The section is about abetment, so liability can arise from the act of encouraging or aiding the group even before the main offence is fully carried out. If the offence is committed in consequence of the abetment, punishment generally follows the abetment framework tied to the main offence.

Is Section 57 BNS still used after the BNS came into force?β–Ό

Yes. Section 57 BNS is the provision in force under the Bharatiya Nyaya Sanhita (BNS), 2023, for abetting an offence by the public generally or by more than ten persons. It carries imprisonment of either description for up to seven years and a mandatory fine.

Can a speech or public message amount to abetment under Section 57 BNS?β–Ό

Yes, if the speech, post, message, or other conduct is meant to incite or support a large group to commit an offence. The prosecution must still prove intention and the required link to the planned offence. Mere opinion or criticism is not enough.

Have questions about Section 57 BNS?

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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 Β· Last updated: 16 Oct 2026 Β·