Section 110 IPC: Punishment of abetment if person abetted does act with different intention from that of abettor
Indian Penal Code, 1860
Section 110 IPC at a Glance
Section 110 IPC 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; from 1 July 2024 it is replaced by 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.
Section 110 IPC Bare Act Text
110. 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 110, Indian Penal Code, 1860
Section 110 IPC in Simple Words
Section 110 of the Indian Penal Code (IPC) governs abetment where the person abetted does the act with a different intention or knowledge from that of the abettor. The abettor is punished with the penalty provided for the offence that would have been committed if the act had been done with his own intention or knowledge and with no other.
The state of mind of the perpetrator neither enhances nor diminishes the liability of the abettor. Cognizance, bail, the trial court and compounding follow the offence abetted.
Ingredients of Section 110 IPC
- The accused abetted the commission of an offence through instigation, conspiracy or intentional aid
- The person abetted performs the act abetted
- The person abetted does that act with a different intention or knowledge from that of the abettor
Punishment Under Section 110 IPC
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 110 IPC
When Section 110 IPC Does Not Apply
- The person abetted carried out the act sharing the exact same intention and knowledge as the abettor.
- The person who was abetted never performed the act that was abetted.
- The person abetted performed a completely different act rather than the act abetted with a different intention or knowledge.
- Even if the act had been done with the intention or knowledge of the abettor, it would not have amounted to any offence.
Section 110 IPC in the BNS
Section 110 IPC is now covered under Section 50 BNS.
Section 110 IPC is replaced by Section 50 BNS, with the identical heading, statutory words and punishment.
View detailed comparison (IPC 110 vs BNS 50) →FAQs on Section 110 IPC
What does Section 110 IPC say?▼
Section 110 IPC provides that 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.
How is the liability of the abettor determined under Section 110 IPC?▼
The abettor is punished for the offence that would have been committed if the act had been done with his own intention or knowledge and with no other. The different intention or knowledge of the person abetted does not count.
Does Section 110 IPC apply if the person abetted had no criminal intention?▼
Yes. Under Explanation 3 to Section 108 IPC, abetment is complete even where the person abetted is incapable of committing an offence or lacks guilty intention. Section 110 IPC punishes the abettor for the offence his own mental state would establish.
Is an offence under Section 110 IPC cognizable?▼
Cognizability is conditional. According to the First Schedule to the CrPC, the abetment is cognizable or non-cognizable according as the offence abetted is cognizable or non-cognizable.
Is an offence under Section 110 IPC bailable?▼
Bail status is conditional. According to the First Schedule to the CrPC, the abetment is bailable or non-bailable according as the offence abetted is bailable or non-bailable.
Which court tries an offence under Section 110 IPC?▼
Under the First Schedule to the CrPC, abetment under Section 110 IPC is triable by the court by which the offence abetted is triable.
Can an offence under Section 110 IPC be compounded?▼
Under Section 320(3) CrPC, where the substantive offence abetted is compoundable, its abetment may be compounded in like manner. Otherwise it cannot be compounded.
Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 110 IPC?▼
Section 50 BNS corresponds to Section 110 IPC, preserving the statutory words and punishment without change.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·