Register as Advocate

IPC 109 vs BNS 109 – Abetment of a Crime Explained

Comparison
Same

Indian Penal Code (IPC)

VS.

Bhartiya Nyaya Sanhita (BNS)

Section: IPC 109

Abetment of a crime

About IPC Section

Section 109 of the Indian Penal Code, 1860, deals with abetment of a crime. It provides legal provisions for holding an individual accountable when they encourage, facilitate, or assist another person in committing an offense. Abetment may include instigating, aiding, or engaging in a conspiracy to commit the crime.

Under IPC 109:

  • Abetment includes instigation, conspiracy, or aiding in the commission of an offense,

  • The abettor may be held liable even if the main crime is committed by another,

  • Legal accountability is determined by the extent and nature of assistance or encouragement provided.

For example, if a person plans a theft and encourages another to execute it, they can be punished under IPC 109. The section ensures that all parties involved in the criminal act, including those who assist or instigate, are legally responsible.

IPC 109 emphasizes shared accountability in criminal acts, discouraging indirect participation in crimes. It strengthens the law by ensuring that individuals cannot escape liability by merely influencing or aiding another to commit an offense.

Section: BNS 109

Abetment of a crime

About BNS Section

Section 109 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 109, retaining the principle that individuals can be held liable for abetting a crime, whether by instigating, aiding, or conspiring to commit an offense.

Under BNS 109:

  • Abetment includes encouragement, assistance, or conspiracy to commit a crime,

  • The abettor is liable even if the main crime is committed by another,

  • Legal responsibility is determined based on the nature and extent of support or instigation.

For instance, planning a robbery and encouraging another person to execute it constitutes abetment under BNS 109. Excessive facilitation or instigation is also punishable.

By retaining IPC 109’s principles, BNS 109 ensures legal accountability for all forms of participation in a crime, emphasizing the responsibility of individuals who contribute to the commission of offenses, even indirectly.