Section 117 IPC: Abetting commission of offence by the public or by more than ten persons

Indian Penal Code, 1860

Section 117 IPC at a Glance

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

Punishment

Imprisonment of either description for a term which may extend to three years, or with fine, or with both.

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

BNS Equivalent

Section 57 →

Section 117 IPC Bare Act Text

117. 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 three years, or with fine, or with both.
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 117, Indian Penal Code, 1860

Section 117 IPC in Simple Words

Section 117 of the Indian Penal Code (IPC) punishes abetting the commission of an offence by the public generally, or by any number or class of persons exceeding ten. Under the IPC, that offence carries imprisonment of either description for a term extending to three years, or with fine, or with both.

The offence is complete upon the abetment, irrespective of whether the offence abetted is actually committed. Bail eligibility, cognizance, the trial court and compounding follow the offence abetted.

Ingredients of Section 117 IPC

The accused abetted the commission of an offence through instigation, conspiracy or intentional aid
The abetment was addressed to the public, or to any number or class of persons exceeding ten

Punishment Under Section 117 IPC

Imprisonment

Imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Fine

Fine as an alternative or in addition to imprisonment. The section sets no maximum amount.

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 by the public or by more than ten persons is punishable under the IPC with imprisonment extending to three years, or fine, or both. Cognizance, bail, trial forum and compounding follow the offence abetted.

Example of Section 117 IPC

In Guwahati in 2021, Devendra addressed a gathering of forty textile mill workers near a bus terminal and instigated them to break into the godown of trader Manohar that night to smash his weaving machines. Committing mischief and house-trespass was an offence, and the group of workers instigated by Devendra exceeded ten persons. Although the workers dispersed without entering the godown, the instigation itself completed the abetment of an offence by more than ten persons. Devendra is punishable under Section 117 IPC.

When Section 117 IPC Does Not Apply

The person abetted the commission of an offence by ten or fewer individuals rather than by the general public or a group of more than ten people.
The conduct that the speaker encouraged the crowd or group to carry out was lawful and did not constitute an offence under the Code.
The accused neither instigated, conspired with, nor intentionally aided anyone to commit an offence, so Section 117 IPC does not apply.

Section 117 IPC in the BNS

Section 117 IPC is now covered under Section 57 BNS.

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 detailed comparison (IPC 117 vs BNS 57) →

FAQs on Section 117 IPC

What does Section 117 IPC say?▼

Section 117 IPC provides that 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 three years, or with fine, or with both.

What was the punishment under Section 117 IPC compared to Section 57 BNS?▼

Under Section 117 IPC, the offence was punishable with imprisonment of either description extending to three years, or with fine, or with both. In contrast, Section 57 BNS raises the maximum imprisonment to seven years and requires mandatory fine.

Must the offence abetted actually occur for liability to arise under Section 117 IPC?▼

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. The offence under Section 117 IPC is complete once the abetment is made.

What illustration is provided under Section 117 IPC?▼

The statutory illustration describes a person who affixes a placard in a public place instigating a sect of more than ten members to meet at a certain time and place to attack the members of an adverse sect while engaged in a procession. That act constitutes an offence under the section.

Is an offence under Section 117 IPC cognizable?▼

Cognizability is conditional under the First Schedule to the CrPC, determined according as the offence abetted is cognizable or non-cognizable.

Is an offence under Section 117 IPC bailable?▼

Bail status is conditional under the First Schedule to the CrPC, determined according as the offence abetted is bailable or non-bailable.

Which court tries an offence under Section 117 IPC?▼

Under the First Schedule to the CrPC, an offence under Section 117 IPC is triable by the court by which the offence abetted is triable.

Can an offence under Section 117 IPC be compounded?▼

Under Section 320(3) CrPC, where the substantive offence abetted is compoundable, its abetment under Section 117 IPC may be compounded in like manner. Otherwise it cannot be compounded.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 117 IPC?▼

Section 57 BNS corresponds to Section 117 IPC, retaining the statutory definition while raising the term of imprisonment and adding mandatory fine.

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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 ·