⚖️ Advocates & Legal Advice 📞 +91-9773727566 ✉️ info@righttolaw.com | ⚖️ Register as Lawyer About Contact

IPC 118 vs BNS 118

● Retained in BNS
Indian Penal Code, 1860 § IPC 118

Abettor liable to the same punishment as the principal offender


Section 118 of the Indian Penal Code, 1860, establishes that an abetor of a crime is liable to the same punishment as the principal offender, whether the offense is punishable with death, imprisonment, or fine. This section reinforces the principle that indirect participation in criminal acts carries full legal accountability.

Under IPC 118:

  • The abettor is treated as if they committed the crime themselves,

  • Liability applies to all types of punishable offenses,

  • Covers abetment through instigation, aid, or conspiracy.

For example, if a person encourages another to commit assault or theft, the abettor is punishable under IPC 118 as if they directly committed the act. The law prevents individuals from evading responsibility by indirect involvement.

IPC 118 emphasizes comprehensive legal accountability across all crimes, ensuring that the legal system treats abettors with the same seriousness as principal offenders. This strengthens criminal law by recognizing the role of indirect participants in facilitating offenses.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 118

Abettor liable to the same punishment as the principal offender


Section 118 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 118, retaining the principle that abetors are liable to the same punishment as the principal offender, covering all punishable offenses.

Under BNS 118:

  • Liability applies to those who instigate, aid, or conspire,

  • Abettors are treated legally as principal offenders,

  • Covers offenses punishable with death, imprisonment, or fine.

For instance, encouraging someone to commit theft or assault is punishable under BNS 118, even if the abettor does not physically commit the act. This ensures that indirect involvement does not shield a person from liability.

By retaining IPC 118’s principles, BNS 118 ensures legal clarity and fairness, emphasizing that abettors cannot evade responsibility for offenses, thereby reinforcing justice and deterrence in criminal law.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 118 to BNS BNS 118.