Section 108A IPC: Abetment in India of offences outside India

Indian Penal Code, 1860

Section 108A IPC at a Glance

Section 108A IPC deals with abetment in India of offences outside India. From 1 July 2024 it is replaced by Section 47 BNS.

Punishment

None of its own. Section 109 to Section 117 IPC punish abetment of an offence according to the offence abetted and whether it is committed.

BNS Equivalent

Section 47 →

Section 108A IPC Bare Act Text

108A. Abetment in India of offences outside India

A person abets an offence within the meaning of this Code 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 Goa, to commit a murder in Goa, A is guilty of abetting murder.

Source: Section 108A, Indian Penal Code, 1860

Section 108A IPC in Simple Words

Section 108A of the Indian Penal Code (IPC) governs cross-border abetment. A person abets an offence within the meaning of the Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

The statutory illustration explains that a person in India who instigates a foreigner abroad to commit murder is guilty of abetting murder. Section 108A IPC creates no separate penalty of its own.

Penalties for abetment are provided under Section 109 to Section 117 IPC.

Ingredients of Section 108A IPC

  • He abets, in India, the commission of the act, by instigation, conspiracy or intentional aid
  • The act abetted was to be committed without and beyond India
  • The act would constitute an offence if it had been committed in India

Punishment Under Section 108A IPC

Imprisonment

None of its own. Section 109 to Section 117 IPC 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 108A IPC has no entry in the First Schedule to the CrPC. Cognizance, bail and the trial court follow the entry for the section under which the abettor is punished.

Example of Section 108A IPC

In 2021, while staying at his home in Chennai, Siddharth sent a letter to Kunal in Colombo, Sri Lanka, instigating him to dishonestly take gold jewellery from the shop of Mahesh in Colombo without the consent of Mahesh. The taking of the jewellery was to be committed in Colombo, without and beyond India. Dishonestly taking movable property out of the possession of a person without consent would constitute the offence of theft if committed in India. Siddharth therefore abetted an offence within the meaning of the Code under Section 108A IPC.

When Section 108A IPC Does Not Apply

  • The instigation, conspiracy, or intentional aid took place entirely outside India rather than in India.
  • The act that was abetted was intended to be committed within the territory of India instead of without and beyond India.
  • The act abetted to be done abroad would not amount to an offence under the Code even if it were committed in India.
  • The person in India did not instigate, conspire in, or intentionally aid the commission of the foreign act.

Section 108A IPC in the BNS

Section 108A IPC is now covered under Section 47 BNS.

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 detailed comparison (IPC 108A vs BNS 47) →

FAQs on Section 108A IPC

What does Section 108A IPC say?▼

Section 108A IPC provides that a person abets an offence within the meaning of the Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Does Section 47 BNS still name Goa in its illustration?▼

No. The illustration to Section 108A IPC spoke of a foreigner in Goa. Section 47 BNS speaks of a foreigner in country X committing murder in that country.

Under Section 108A IPC, must the act be an offence under the law of the foreign country?▼

Section 108A IPC does not say so. Its test is whether the act would constitute an offence if committed in India.

Under Section 108A IPC, must the foreign act actually be carried out?▼

No. Explanation 2 to Section 108 IPC provides that to constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

What is the punishment under Section 108A IPC?▼

Section 108A IPC contains no penal clause of its own. Punishment is determined according to the substantive offence abetted under Section 109 to Section 117 IPC.

Is Section 108A IPC cognizable and bailable?▼

Section 108A IPC has no separate entry in the First Schedule to the CrPC. Bail status, cognizability and the trial court follow the substantive offence abetted and the punishing section charged.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 108A IPC?▼

Section 47 BNS corresponds to Section 108A IPC, retaining the cross-border abetment rule while updating the illustration to name country X.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·