IPC 111 vs BNS 111
● Retained in BNSAbetment of a crime by the act of a person incapable of committing it
Section 111 of the Indian Penal Code, 1860, defines abetment of a crime by the act of a person incapable of committing it. This section addresses situations where an individual encourages or aids someone who, due to age, mental condition, or other legal incapacity, cannot commit the offense, yet the instigation or assistance itself constitutes abetment.
Under IPC 111:
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The abettor is liable even if the principal cannot commit the crime,
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Liability depends on the intent and act of encouragement or aid,
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The law recognizes the threat posed by abetment regardless of the principal’s capacity.
For example, if a person instructs a child or someone legally incapable to commit theft, the abettor may still be held responsible under IPC 111. The principal’s incapacity does not absolve the instigator of legal responsibility.
IPC 111 emphasizes legal accountability for abetment, ensuring that individuals who encourage or aid others in criminal acts cannot evade responsibility simply because the person acted upon is incapable of committing the crime. This strengthens criminal law against indirect participation in offenses.
Abetment of a crime by the act of a person incapable of committing it
Section 111 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 111, retaining the principle that individuals can be held liable for abetting a crime through someone incapable of committing it.
Under BNS 111:
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Liability arises when a person encourages or aids an incapable individual,
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The abettor is responsible regardless of whether the principal can commit the crime,
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Legal accountability depends on the intent and act of instigation or aid.
For instance, instructing a minor or mentally incapacitated person to commit theft constitutes abetment under BNS 111. The principal’s incapacity does not shield the abettor from punishment.
By retaining IPC 111’s principles, BNS 111 ensures accountability for indirect participation in crimes, emphasizing that instigating or aiding those incapable of committing an offense is itself punishable. It provides legal clarity on abetment in complex situations.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 111 to BNS BNS 111.