IPC 137 vs BNS 137
● Retained in BNSAbetment of offense by a public servant in discharge of official duties
Section 137 of the Indian Penal Code, 1860, deals with abetment of offenses by a public servant while discharging official duties. This section criminalizes acts where government officials encourage, facilitate, or instigate others to commit offenses in connection with their official work, undermining the rule of law.
Under IPC 137:
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Liability arises when a public servant abets an offense in the course of official duties,
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Covers acts such as instigation, assistance, or encouragement of illegal acts,
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Punishment includes imprisonment, fines, or other penalties, depending on severity.
For example, if a tax officer advises someone on how to illegally evade taxes, they can be prosecuted under IPC 137. The law ensures that public servants perform duties lawfully and do not misuse their position.
IPC 137 emphasizes integrity, accountability, and adherence to law, making it clear that abetment by officials in their official capacity is punishable. This strengthens governance and prevents exploitation of public authority for illegal purposes.
Abetment of offense by a public servant in discharge of official duties
Section 137 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 137, retaining the principle that public servants who abet offenses while performing official duties are liable for punishment.
Under BNS 137:
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Liability applies to instigation, facilitation, or encouragement of offenses by public servants,
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Covers acts committed in the course of official duties,
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Punishment includes imprisonment, fines, or other penalties, depending on severity.
For instance, a government officer aiding or encouraging illegal tax evasion while performing duties is punishable under BNS 137. The law ensures official accountability, transparency, and lawful conduct.
By retaining IPC 137’s principles, BNS 137 ensures legal clarity and enforcement, emphasizing that abetment of offenses by public servants in the course of official duties is a punishable offense, thereby strengthening governance and rule of 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 137 to BNS BNS 137.