IPC 113 vs BNS 113
● Retained in BNSAbetment of a thing which is not an offense
Section 113 of the Indian Penal Code, 1860, deals with abetment of an act which is not an offense. This section clarifies that abetment is punishable only when the act abetted would have been an offense if actually committed. If the abetted act itself is not illegal, no liability arises, except under specific circumstances where the law provides otherwise.
Under IPC 113:
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Liability exists only if the abetted act constitutes an offense,
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Encouraging or aiding acts that are legal or not criminal in nature does not constitute abetment,
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The law emphasizes the link between the abettor’s conduct and the potential criminality of the act.
For example, instructing someone to perform a lawful act cannot be punished under IPC 113, as there is no underlying crime. The section prevents unjust punishment for actions that are innocuous or lawful.
IPC 113 emphasizes clarity and fairness in criminal law, ensuring that abetment is limited to acts that are inherently criminal. It prevents misuse of abetment provisions and maintains the principle that only unlawful acts can form the basis of liability for abetment.
Abetment of a thing which is not an offense
Section 113 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 113, retaining the principle that abetment applies only to acts that are offenses. Encouraging or aiding acts that are lawful does not attract liability under this section.
Under BNS 113:
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Liability arises only if the abetting act would have been an offense,
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Encouragement of lawful acts does not constitute abetment,
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The focus is on the criminality of the abetted act in determining legal responsibility.
For instance, instructing someone to perform a legal task cannot result in punishment under BNS 113. The abettor’s conduct is only punishable if the abetted act would have been criminal.
By retaining IPC 113’s principles, BNS 113 ensures legal fairness, emphasizing that abetment is tied to the criminality of the act itself. This prevents misuse of abetment provisions and provides clarity on the limits of liability for indirect participation in acts.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 113 to BNS BNS 113.